Supreme Court of India · 1989-09-21
SMT. KAZI NAJMUNISSA BEGUM vs YUSUF KHAN & ORS.
- Citation / case number
- SC 1989/72420
- Court
- Supreme Court of India
- Petitioner
- SMT. KAZI NAJMUNISSA BEGUM
- Respondent
- YUSUF KHAN & ORS.
- Author
- K.N. SAIKIA
- Bench
- K.N. SAIKIA
Judgment text excerpt
The Supreme Court upheld the High Court's decision to set aside the Executing Court's order referring the issue of tenancy to the Tehsildar, emphasizing that the Tenancy Act governs the relations between landholders and tenants. The Court noted that the judgment debtors' earlier objections based on tenancy had been rejected, but the competent authority under the Tenancy Act must decide the issue on its merits. The Court concluded that the appellant could present their civil court decisions to the competent authority, affirming the exclusive jurisdiction of the Tenancy authorities.