PATHAN MURTAZAKHAN DADAMKHAN AND ORS. vs PATHAN PIRKHAN AMDUMIYAN (DEAD) BY LRS.

The Supreme Court dismissed the appeal under Article 136 against the Gujarat High Court's judgment in Second Appeal No. 98 of 1973, holding that the plea based on Section 2-A of the Bombay Tenancy Act, 1939 was not raised in the pleadings or argued in lower courts, thus the High Court rightly disallowed it. The Court further stated that the question of civil court jurisdiction under Section 85-A was unnecessary to address, as the claim required factual investigation which was lacking. The outcome affirmed the High Court's decision, maintaining the decree for redemption without damages.