Supreme Court of India · 1989-09-12
PANDURANG RAMCHANDRA MANDLIK (SINCE DEAD)BY HIS LRS. AND AN vs SMT. SHANTABAI RAMCHANDRA GHATGE AND ORS.
- Citation / case number
- SC 1993/202542
- Court
- Supreme Court of India
- Petitioner
- PANDURANG RAMCHANDRA MANDLIK (SINCE DEAD)BY HIS LRS. AND AN
- Respondent
- SMT. SHANTABAI RAMCHANDRA GHATGE AND ORS.
- Author
- K.N. SAIKIA
- Bench
- K.N. SAIKIA
Judgment text excerpt
The Supreme Court upheld the High Court's order directing the trial court to refer issues to the competent authority under Section 85A of the Act, clarifying that after the amendment of Section 70(b), civil courts lack jurisdiction to decide issues that must be determined by the competent authority. The Court emphasized that the earlier decision by the Mamlatdar does not operate as res judicata in the civil suit filed by the appellants. The appeal was dismissed, affirming the High Court's direction for proper adjudication by the competent authority.