Writ petition challenging rejection of application for preliminary issue on tenancy jurisdiction dismissed as lack of merits. Court held no jurisdictional error since tenancy status of predecessor was already on record.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders.
Court's or Judge's orders
WRIT PETITION NO. 8719 OF 2011
HIRA GURDAL CHAVAN AND ORS VERSUS
SHARAD KESHARLAL KASAT
Advocate for Petitioners : Mr. Naik Santosh S.
CORAM : S V GANGAPURWALA, J. Dated: November 21, 2011
PER COURT :-
FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders.
Court's or Judge's orders
has denied the fact of protected tenancy, then in such circumstances, said issue is required to be referred to the Tenancy Court, particularly in view of Section 19 (1) of Hyderabad Tenancy and AGricultural Lands Act, 1950. Learned counsel further submits that all these aspects have not been considered by the learned trial Court.
( S V GANGAPURWALA, J. )
aaa/-
2 issues framed by the court
Does the Civil Court have jurisdiction to decide the issue of protected tenancy when the predecessor is declared a protected tenant on record.
Whether a preliminary reference frame is required under section 9-A of the Civil Procedure Code.
3 provisions across 2 enactments
Hira Gurdal Chavan and ors.
Sharad Kesharlal Kasat
S V Ganga purwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
