Case Note & Summary
The dispute arose from a tenancy issue involving the appellants' predecessor, who was an usufructuary mortgagee of certain fields. After the redemption period expired, the respondents filed a suit for redemption in 1970, which was decreed by the trial court subject to damages for improvements. The District Court confirmed the redemption but set aside the damages. In the second appeal, the appellants raised a new plea claiming deemed tenancy under Section 2-A of the Bombay Tenancy Act, 1939, which was not previously argued in lower courts. The High Court rejected this plea, stating it required factual investigation and was not a pure question of law. The appellants also contended that Section 85-A ousted the civil court's jurisdiction over tenancy disputes, but this was also dismissed as the High Court found that the civil court retained jurisdiction. The Supreme Court upheld the High Court's decision, stating that the new plea was not permissible and the jurisdiction issue was academic. The appeal was dismissed without costs.
Headnote
A) Civil Procedure - Second Appeal - Raising of Fresh Plea - Code of Civil Procedure, 1908, Section 100 - The appellants sought to raise a new plea of deemed tenancy under Section 2-A for the first time in the second appeal, which was not permitted as it required factual investigation not previously presented. The High Court rightly disallowed the plea, confirming the appellate court's decree (Paras 579-580). B) Tenancy Law - Jurisdiction of Civil Court - Bombay Tenancy Act, 1939, Section 85-A - The contention regarding the ousting of civil court jurisdiction was rejected as the issue of deemed tenancy was not permitted to be raised, rendering the jurisdiction question academic. The court did not express an opinion on the correctness of the High Court's judgment (Paras 579-580).
Issue of Consideration
Whether the appellants could raise a new plea of deemed tenancy in the second appeal and the jurisdiction of the civil court under the Bombay Tenancy Act, 1939.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's decision that the new plea was not permissible and the jurisdiction issue was academic, with no costs awarded.
Law Points
- Second appeal
- fresh plea
- deemed tenancy
- jurisdiction of civil court
- tenancy rights
