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Babar Somla Kamli Vs. Ganpat Narayan Mohite - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtGujarat High Court
Decided On
Case NumberCivil Revn. Appln. No. 234 of 1966
Judge
Reported inAIR1970Guj148
ActsCode of Civil Procedure (CPC), 1908 - Sections 9 - Order 14, Rule 5 - Order 7, Rule 10; Bombay Tenancy and Agricultural Lands Act, 1948 - Sections 85-B
AppellantBabar Somla Kamli
RespondentGanpat Narayan Mohite
Appellant Advocate N.R. Oza, Adv.
Respondent Advocate C.C. Patel, Adv.
Excerpt:
- - these are not good grounds......for determination by the lower court. after deleting the issue previously framed the learned civil judge, junior division, umbergaon decided that the issue framed cannot be decided by his court. having framed the issue it is not open to the court to say that it was not necessary to frame the issue merely because the court had passed a decree in another civil suit no. 42 of 1963. the learned judge deleted the issue on the ground that the party had applied to the mamlatdar. these are not good grounds. once an issue is framed which cannot be tried by the civil court it must be decided by the tenancy court. it was obligatory on the part of the court to refer the issue to the tenancy court.2. this revision application is, therefore, allowed. the court is directed to follow the.....
Judgment:

1. In this revision application it is contended that the lower Court has not recorded findings on an issue which had been framed for determination by the lower Court. After deleting the issue previously framed the learned Civil Judge, Junior Division, Umbergaon decided that the issue framed cannot be decided by his Court. Having framed the issue it is not open to the Court to say that it was not necessary to frame the issue merely because the Court had passed a decree in another Civil Suit No. 42 of 1963. The learned Judge deleted the issue on the ground that the party had applied to the Mamlatdar. These are not good grounds. Once an issue is framed which cannot be tried by the Civil Court it must be decided by the Tenancy Court. It was obligatory on the part of the Court to refer the issue to the Tenancy Court.

2. This Revision Application is, therefore, allowed. The Court is directed to follow the provisions of Section 85-B of the Tenancy Act.

3. Revision allowed.


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