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.