Case Note & Summary
The petitioners filed a writ petition challenging an order dated 18/02/2000 passed in Special Civil Suit No.108/1979, whereby the learned Judge ordered a reference of issue no.4 to the Mamlatdar, Tiswadi, for determination of whether the respondent was a tenant of the suit property. The petitioners contended that the Civil Court had jurisdiction to decide the tenancy issue and that the reference was improper. The respondents argued that under Section 58 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964, the Civil Court is barred from deciding tenancy issues and must refer them to the Mamlatdar. The court, after hearing both sides, held that the Civil Court has no jurisdiction to decide any question of tenancy, and the learned Judge was correct in referring the issue to the Mamlatdar. The court dismissed the petition, upholding the order of reference.
Headnote
A) Civil Procedure - Jurisdiction of Civil Court - Bar of jurisdiction - Section 58 of Goa, Daman and Diu Agricultural Tenancy Act, 1964 - The Civil Court has no jurisdiction to decide any question of tenancy, and if such an issue arises, it must be referred to the Mamlatdar for determination. The court held that the learned Judge erred in not referring the issue of tenancy to the Mamlatdar and that the order of reference was proper. (Paras 2-5)
B) Tenancy Law - Reference to Mamlatdar - Determination of tenancy - Section 58 of Goa, Daman and Diu Agricultural Tenancy Act, 1964 - The issue of whether the respondent was a tenant of the suit property must be decided by the Mamlatdar, and the Civil Court cannot proceed to decide the suit until the Mamlatdar's finding is received. The court upheld the order of reference and dismissed the petition. (Paras 3-5)
Issue of Consideration
Whether the Civil Court has jurisdiction to decide the issue of tenancy or whether it is required to refer the same to the Mamlatdar under Section 58 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964.
Final Decision
The petition is dismissed. The order dated 18/02/2000 referring issue no.4 to the Mamlatdar is upheld.
Law Points
- Jurisdiction of Civil Court barred for tenancy issues
- Reference to Mamlatdar mandatory under Section 58 of Goa Agricultural Tenancy Act
- 1964
- Issue of tenancy must be decided by Mamlatdar
- Civil Court cannot decide tenancy even incidentally
Case Details
2011 LawText (BOM) (10) 87
Writ Petition No.453 of 2003
Shri P. Rao for Petitioners, Shri S.D. Lotlikar, Senior Advocate with Ms. S. Pai Kir for Respondents
Smt. Nalini Vasantlal Naik Bocal and others
Shri Jeronima Fernandes (since deceased) represented by legal heirs and others
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Nature of Litigation
Writ petition challenging order of reference of issue of tenancy to Mamlatdar in a civil suit.
Remedy Sought
Petitioners sought to quash the order dated 18/02/2000 referring issue no.4 to the Mamlatdar.
Filing Reason
Petitioners contended that the Civil Court had jurisdiction to decide the tenancy issue and the reference was improper.
Previous Decisions
The learned Judge in Special Civil Suit No.108/1979 ordered reference of issue no.4 to the Mamlatdar on 18/02/2000.
Issues
Whether the Civil Court has jurisdiction to decide the issue of tenancy or whether it is required to refer the same to the Mamlatdar under Section 58 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964.
Submissions/Arguments
Petitioners argued that the Civil Court has jurisdiction to decide the tenancy issue and the reference was improper.
Respondents argued that under Section 58 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964, the Civil Court is barred from deciding tenancy issues and must refer them to the Mamlatdar.
Ratio Decidendi
The Civil Court has no jurisdiction to decide any question of tenancy under the Goa, Daman and Diu Agricultural Tenancy Act, 1964, and if such an issue arises, it must be referred to the Mamlatdar for determination.
Judgment Excerpts
The above petition challenges the order dated 18/02/2000 passed in Special Civil Suit No.108/1979 whereby the learned Judge ordered a reference of issue no.4 to the learned Mamlatdar, Tiswadi.
The learned Judge was of the view that the Civil Court has no jurisdiction to decide the issue of tenancy and the same is required to be referred to the Mamlatdar under Section 58 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964.
I find no merit in the petition. The learned Judge was right in referring the issue to the Mamlatdar.
Procedural History
The petitioners filed a writ petition in the High Court of Bombay at Goa challenging an order dated 18/02/2000 passed by the learned Judge in Special Civil Suit No.108/1979, which referred issue no.4 to the Mamlatdar for determination of tenancy. The High Court heard the petition and dismissed it on 14/10/2011.
Acts & Sections
- Goa, Daman and Diu Agricultural Tenancy Act, 1964: Section 58
