Supreme Court of India · 1996-09-13
SANAKALCHAND JAYCHANDBHAI PATEL vs VITHALBHAI JAYCHANDBHAI PATEL
- Citation / case number
- SC 1995/13335
- Court
- Supreme Court of India
- Petitioner
- SANAKALCHAND JAYCHANDBHAI PATEL
- Respondent
- VITHALBHAI JAYCHANDBHAI PATEL
- Author
- G.B. PATTANAIK K. RAMASWAMY
- Bench
- G.B. PATTANAIK K. RAMASWAMY
Judgment text excerpt
The Supreme Court addressed the applicability of Section 11 of the Bombay Revenue Jurisdiction Act, which bars civil suits against the government unless all appeals have been exhausted. The Court held that this provision does not apply to inter se claims between private parties regarding property ownership. The High Court's reliance on Section 37 of the Bombay Land Revenue Code was deemed incorrect, affirming that the jurisdictional issue of maintainability must be resolved before restraining the appellant from alienating the property.