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3. In the meanwhile, aggrieved parties in Revision Application No. 2244/64 had preferred a Special Civil Application to this Court being Special Civil Application No. 1189/65 against the same order of the Maharashtra Revenue Tribunal dated 18-11-1965. Applicants in Revision No. 745 of 1964 had also preferred a Special Civil Application being Special Civil Application No. 394/66 against the same order of the Maharashtra Revenue Tribunal. Both these Special Civil Applications were heard by Paranjpe J. on 20th December 1966. Paranjpe J. confirmed the view of the Maharashtra Revenue Tribunal on all the points and consequently held that no appeal was competent before the Collector or Deputy Collector against the order of the Mamlatdar giving negative declaration as to the tenancy claims of the tenants and as such the said order also was not revisable under Section 110 of the Tenancy Act as the revisional powers of the Collector under Section 110 are confined to only such orders which are rendered appealable under Section 107 of the said Act. As stated above, when the present Special Civil Application came up for hearing before Abhyankar J. on 4-7-1968, he did not find it possible to agree with the view of Paranjpe J. as far as the competency of the Collector to revise the order of the Tahsildar under Section 110 of the Tenancy Act is concerned. On other two points, however, Abhyankar J. has concurred with view of Paranjpe J. Hence this reference by Abhyankar J., to this Division Bench on a limited question formulated by him and extracted in the earlier part of this judgment.

4. We, therefore, proceed to dispose of this question referred to us on the basis that order passed by the Naib Tahsildar dated 16th June 1964 is not appealable, and that the order passed by the Special Deputy Collector on 23rd February 1965 can be said to have been passed by him in his revisional jurisdiction under Section 110 of the Tenancy Act in case we hold that Collector can revise the order of the Tahsildar without regard to whether the same is appealable under Section 107 of the Act. It is not disputed that revision to Maharashtra Revenue Tribunal under Section 111, in that event will be maintainable. After the judgment of Maharashtra Revenue Tribunal dated 18-11-65, Section 107 of the Tenancy Act has been now amended by Maharashtra Act No. 17 of 1966 and order passed to that effect under Section 6 of the Tenancy Act i.e. adjudicating the claim to the tenancy of any claimant is made specifically appealable by virtue of this amendment. For the purpose of recording our answer to the question formulated by Abhyankar J. it is not necessary to consider the effect of this amendment on the present controversy as the same is beyond the purview of the limited scope of the reference made to us. We may also add that notwithstanding the prayer for possession made by the respondent No. 4 in the residuary clause of his petition, the Courts below have proceeded in this case on the basis that the proceedings initiated by respondent No. 4 essentially are for claiming negative declaration of the petitioner not being the tenant of the suit land. Section 110 of the Tenancy Act is as follows:--