MUSSAMIYA IMAM HAIDER BAX RAZVI versus RABARI GOVINDHAI RATNABHAI & ORS.

MUSSAMIYA IMAM HAIDER BAX RAZVI versus RABARI GOVINDHAI RATNABHAI & ORS.

Sections 1 to 87A of the Act were not applicable between August 1, 1956 and May 11, 1958 due to Court of Wards management; lease expired May 31, 1957, so no statutory ownership accrued; civil court jurisdiction not barred for determination of statutory ownership or applicability of Act during non-applicable period; High Court erred in referring issue to Mamlatdar as no plea of subsisting tenancy survived for reference.

Parties
Appellant: Mussamiya Imam Haider Bax Razvi; Respondents: Rabari Govindhai Ratnabhai & Ors.; Respondent (no. 9): Rabari Govindhai Ratnabhai & Ors. (additional)
Jurisdiction
India
Judgment Date
21 August 1968
Procedural Posture
Civil Appeal / Appeal From Gujarat High Court Judgment Dated February 5, 1963, Arising Out of Civil Suit No. 64 of 1958
Outcome
Civil Appeal No. 312 of 1966 allowed; Civil Appeal No. 313 of 1966 dismissed.
Legal Topics
Statutory Ownership, Jurisdiction of Civil Courts, Fraudulently Obtained Lease
Tenancy Law Agricultural Land Law Statutory Ownership Jurisdiction of Civil Courts Fraudulently Obtained Lease

Case Brief

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Parties

Mussamiya Imam Haider Bax Razvi

Appellant

Rabari Govindhai Ratnabhai & Ors.

Respondents

Rabari Govindhai Ratnabhai & Ors. (additional)

Respondent (no. 9)

Procedural Posture

Civil Appeal / Appeal From Gujarat High Court Judgment Dated February 5, 1963, Arising Out of Civil Suit No. 64 of 1958

Legal Issues

  1. 1 Whether the lease created in favour of the respondents was vitiated by fraud
  2. 2 Whether the respondents had become statutory owners on 'tillers' day' or under Section 88 of the Bombay Tenancy and Agricultural Lands Act
  3. 3 Whether the civil court had jurisdiction to decide if tenancy subsisted on relevant dates

Ratio Decidendi

Sections 1 to 87A of the Act were not applicable between August 1, 1956 and May 11, 1958 due to Court of Wards management; lease expired May 31, 1957, so no statutory ownership accrued; civil court jurisdiction not barred for determination of statutory ownership or applicability of Act during non-applicable period; High Court erred in referring issue to Mamlatdar as no plea of subsisting tenancy survived for reference.

Court Disposition

Civil Appeal No. 312 of 1966 allowed; Civil Appeal No. 313 of 1966 dismissed.

Orders

  • Judgment of Gujarat High Court dated February 5, 1963 set aside; decree of 5th Joint Civil Judge, Senior Division, Ahmedabad dated July 30, 1960 restored.
  • Plaintiff entitled to recovery of possession, damages, and mesne profits as decreed by the trial court.