NDLI: Gundaji Satwaji Shinde Vs. Ramchandra Bhikaji Joshi

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Bombay Tenancy and Agricultural Lands Act 1948
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Bombay Tenancy and Agricultural Lands Act, 1948 (67 of 1948)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. Act LXVII of 1948) - Ss. 63, 70, 85 & 85A - S. 70 made Mamlatdar authority to decide whether a person was an agriculturist-s. 85A barred jurisdiction of civil court in questions arising under s. 70 - Suit for specific performance of sale of agricultural land in civil court - Civil court whether competent to decide incidental question if vendee is an agriculturist.Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 prohibits the sale of agricultural land to a person who is not an agriculturist. One of the duties of the Mamlatdar, under s. 70. of the Act, is to decide whether a person is an agriculturist and whether a transfer or acquisition of land is invalid being in contravention of the Act. Section 85 bars the jurisdiction of a civil court to settle, decide or deal with any question which is by or under the Act is required to be settled, decided or dealt with by the Mamlatdar, or the authority mentioned in the section. The Bombay High Court in a case coming before it on the interpretation of s. 85 held that where in a suit in a civil court an issue arises which has to be decided under the provisions of s. 70, the civil court should refer the parties to the competent authority under the Tenancy Act to get the question decided and such decision would be binding on the civil court. Taking note of this decision s. 85A was added to the Tenancy Act, enabling the civil court to refer the issue to the competent authority to decide which the jurisdiction of the civil court is barred under s. 85. The plaintiff's suit for specific performance of a contract for sale of land was resisted by the defendant alleging that since he (the plaintiff), was not an agriculturist, he was prohibited by s. 63 of the Tenancy Act from purchasing agricultural land and the contract being contrary to the provisions of the Act is not capable of being specifically enforced. The trial court dismissed the plaintiff's suit on the ground that he was not an agriculturist. It held that the issue whether or not the plaintiff was an agriculturist being incidental in a suit for specific performance of a contract the civil court had jurisdiction to decide such incidental issues. On appeal the High Court held that the civil court which had jurisdiction to entertain a suit for specific performance, it would have jurisdiction to decide the incidental issue whether the plaintiff was an agriculturist or not. The question before the Supreme Court was where in a suit for specific performance, an issue arose whether the plaintiff was an agriculturist or not on the date of agreement whether the civil court would have jurisdiction to decide the issue or it is required to refer it to the Mamlatdar under s. 70 read with s. 85A. Allowing the appeal and remitting the case to the trial court for disposal.
Judge	Hon'ble Mr. Justice D.A. Desai
Neutral Citation	1978 INSC 250
Petitioner	Gundaji Satwaji Shinde
Respondent	Ramchandra Bhikaji Joshi
SCR	[1979] 2 S.C.R. 586
Judgement Date	1978-12-05
Case Number	1280

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Gundaji Satwaji Shinde Vs. Ramchandra Bhikaji Joshi

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