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may 1965

Supreme Court of India · 1965-05-05

BHIMAJI SHANKER KULKARNI vs DUNDAPPA VITHAPPA UDAPUDI AND ANR.

Citation / case number
SC 1963/238
Court
Supreme Court of India
Petitioner
BHIMAJI SHANKER KULKARNI
Respondent
DUNDAPPA VITHAPPA UDAPUDI AND ANR.
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court held that under Section 85(1) of the Bombay Tenancy and Agricultural Lands Act, 1948, civil courts lack jurisdiction over matters that must be decided by the Mamlatdar, specifically regarding claims of 'protected' tenants. The Court affirmed that the Mamlatdar has exclusive jurisdiction to determine tenant status and that civil courts must refer such issues to the Mamlatdar. The appeal was dismissed, reinforcing the lower courts' decisions that the civil court could not adjudicate the matter of possession without the Mamlatdar's determination.

BHIMAJI SHANKER KULKARNI vs DUNDAPPA VITHAPPA UDAPUDI AND ANR. · Niyam