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december 1978

Supreme Court of India · 1978-12-05

GUNDAJI SATWAJI SHINDE vs RAMCHANDRA BHIKAJI JOSHI

Citation / case number
SC 1969/60060
Court
Supreme Court of India
Petitioner
GUNDAJI SATWAJI SHINDE
Respondent
RAMCHANDRA BHIKAJI JOSHI
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that under Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948, the sale of agricultural land to a non-agriculturist is prohibited. The court ruled that the Mamlatdar has the exclusive authority under Section 70 to determine whether a person is an agriculturist, and Section 85A bars civil courts from adjudicating such matters. Consequently, the civil court must refer the issue to the Mamlatdar, and the appeal was allowed, remitting the case for trial court disposal.

GUNDAJI SATWAJI SHINDE vs RAMCHANDRA BHIKAJI JOSHI · Niyam