Case Note & Summary
The petitioner, an 87-year-old person of unsound mind represented by the in-charge of an old age home, filed a writ petition challenging an order dated 7/3/2006 passed by the IInd Additional Civil Judge, Senior Division at Margao in Special Civil Suit No.94/2004/II. The petitioner had filed the suit seeking a declaration that a sale deed dated 9/6/2000 executed by her appointed guardian, Louis Gonzaga Antonio D'Sao B. Pinto, in favour of the respondents was illegal, null and void. The respondents claimed to be agricultural tenants and deemed purchasers of the suit property. The trial court framed an issue regarding the tenancy of the respondents. The petitioner moved an application to delete that issue, which was rejected by the trial court. In the writ petition, the petitioner argued that the issue of tenancy could only be decided by the tenancy court and not by the civil court. The High Court held that the civil court has jurisdiction to decide the tenancy issue as it is not exclusively triable by the tenancy court and is ancillary to the main relief sought. The court noted that the issue of tenancy was relevant to the suit and the trial court had not committed any error in refusing to delete it. The writ petition was dismissed, and the trial court was directed to proceed with the suit expeditiously.
Headnote
A) Civil Procedure - Framing of Issues - Tenancy Issue - The trial court framed an issue whether defendants are agricultural tenants and deemed purchasers of suit property - Petitioner sought deletion of the issue - Held that the civil court has jurisdiction to decide the tenancy issue as it is not exclusively triable by the tenancy court and is ancillary to the main relief of declaration of sale deed as void (Paras 6-8). B) Civil Procedure - Jurisdiction - Tenancy Court vs Civil Court - The issue of tenancy can be decided by the civil court if it is not exclusively triable by the tenancy court under the relevant tenancy legislation - The civil court can decide the tenancy issue when it is incidental to the main dispute - Held that the trial court did not err in refusing to delete the issue (Paras 6-8).
Issue of Consideration
Whether the trial court was justified in refusing to delete the issue of tenancy framed in the suit, and whether the civil court has jurisdiction to decide the tenancy issue.
Final Decision
The writ petition is dismissed. The trial court is directed to proceed with the suit expeditiously.
Law Points
- Issue of tenancy can be decided by civil court if it is not exclusively triable by tenancy court
- Civil court has jurisdiction to decide tenancy issue when it is ancillary to main relief
- Order 14 Rule 2 CPC allows trial of preliminary issues
