GUNDAJI SATWAJI SHINDE versus RAMCHANDRA BHIKAJI JOSHI

GUNDAJI SATWAJI SHINDE versus RAMCHANDRA BHIKAJI JOSHI

Where in a suit for specific performance of a contract for sale of agricultural land governed by the Bombay Tenancy and Agricultural Lands Act, an issue arises as to whether the plaintiff/vendee is an agriculturist within the meaning of the Act, the civil court is statutorily bound under sections 70 (a), 85 and 85A to refer the issue to the Mamlatdar for decision, and does not have the jurisdiction to decide the issue itself. The finding of the competent authority is binding on the civil court, which must then proceed according to that finding.

Parties
Appellant / Plaintiff: Gundaji Satwaji Shinde; Respondent / Defendant: Ramchandra Bhikaji Joshi
Jurisdiction
India
Judgment Date
05 December 1978
Procedural Posture
Civil Appeal / Appeal From the Bombay High Court, Remanded to Trial Court
Outcome
Appeal allowed, suit remanded to trial court.
Legal Topics
Jurisdiction of Civil Courts, Specific Performance, Agricultural Land Transfers, Exclusive Jurisdiction of Mamlatdar
Property Law Agricultural Tenancy Law Civil Procedure Jurisdiction of Civil Courts Specific Performance Agricultural Land Transfers Exclusive Jurisdiction of Mamlatdar

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Gundaji Satwaji Shinde

Appellant / Plaintiff

Ramchandra Bhikaji Joshi

Respondent / Defendant

Procedural Posture

Civil Appeal / Appeal From the Bombay High Court, Remanded to Trial Court

Legal Issues

  1. 1 Whether the civil court has jurisdiction to decide if the vendee is an agriculturist for enforcement of a contract for sale of agricultural land in the face of a statutory bar under the Bombay Tenancy and Agricultural Lands Act, 1948.
  2. 2 Whether such issue must be referred to the Mamlatdar under sections 70 and 85A of the Act.

Ratio Decidendi

Where in a suit for specific performance of a contract for sale of agricultural land governed by the Bombay Tenancy and Agricultural Lands Act, an issue arises as to whether the plaintiff/vendee is an agriculturist within the meaning of the Act, the civil court is statutorily bound under sections 70 (a), 85 and 85A to refer the issue to the Mamlatdar for decision, and does not have the jurisdiction to decide the issue itself. The finding of the competent authority is binding on the civil court, which must then proceed according to that finding.

Court Disposition

Appeal allowed, suit remanded to trial court.

Orders

  • Trial court's decree dismissing the suit is set aside.
  • Suit is remanded to the trial court to proceed further according to law with direction to refer the agriculturist issue to the competent authority under the Act.