SHRI D.M. DESHPANDE AND ORS. versus SHRI JANARDHAN KASHINATH KADAM (DEAD) BY LRS. AND ORS.

SHRI D.M. DESHPANDE AND ORS. versus SHRI JANARDHAN KASHINATH KADAM (DEAD) BY LRS. AND ORS.

In the absence of material particulars supporting the respondents' plea of tenancy, the Executing Court rightly rejected the objection and granted possession to the Trust; the High Court erred in interfering and referring the tenancy issue to the Tehsildar and in ordering handing over of Trust property to the respondent.

Parties
Appellants: Shri D.M. Deshpande and Ors.; Respondents: Shri Janardhan Kashinath Kadam (Dead) by LRs. and Ors.
Jurisdiction
India
Judgment Date
12 November 1998
Procedural Posture
Civil Appeal / Appeal From Order in Civil Revision Application Before Bombay High Court
Outcome
Appeals allowed; impugned High Court order set aside to the extent it referred tenancy issue to Tehsildar and directed handing over of possession to first respondent.
Legal Topics
Execution Proceedings, Trust Property Possession, Tenancy Claim, Pleadings Requirements
Public Trusts Tenancy Law Civil Procedure Execution Proceedings Trust Property Possession Tenancy Claim Pleadings Requirements

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Parties

Shri D.M. Deshpande and Ors.

Appellants

Shri Janardhan Kashinath Kadam (Dead) by LRs. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Order in Civil Revision Application Before Bombay High Court

Legal Issues

  1. 1 Whether the respondents established a valid claim of tenancy over Trust land to prevent execution of possession in favour of the Trust trustees.
  2. 2 Whether the High Court was justified in referring the issue of tenancy to the Tehsildar under Section 125 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, and granting interim possession to the respondents.

Ratio Decidendi

In the absence of material particulars supporting the respondents' plea of tenancy, the Executing Court rightly rejected the objection and granted possession to the Trust; the High Court erred in interfering and referring the tenancy issue to the Tehsildar and in ordering handing over of Trust property to the respondent.

Court Disposition

Appeals allowed; impugned High Court order set aside to the extent it referred tenancy issue to Tehsildar and directed handing over of possession to first respondent.

Orders

  • The High Court's direction to frame an issue and refer the tenancy claim to the Tehsildar is set aside.
  • The High Court's direction to hand over possession of the Trust property to the first respondent is set aside.