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.