Back
BHARAT P. DESHPANDE
Anand Visvambora Bandodkar – Appellant
Versus
Antonio Ornelas Piedade Barbosa, Since deceased through his sole testamentaru heiress, Mrs. Tereza Paula Barbosa – Respondent
JUDGMENT:
1. Rule.
2. Rule is made returnable forthwith.
3. Both these matters are taken up for final disposal at the admission stage with consent of the parties.
4. Both these petitions are filed by the petitioners thereby challenging the orders passed by the First Appellate Authority dated 31.3.2022 in Miscellaneous Civil Appeal Nos.91 of 2016 and 36 of 2019. Petitioners are the original defendants in a suit filed by the Fr Antonio Barbosa (deceased) bearing Regular Civil Suit Nos. 317/2000/III(new) and 318/2000/III(new). In the said suits petitioners/defendants raised issue of tenancy and accordingly an issue to that effect was framed and the suit was kept sine die till the disposal of the decision of Tenancy Court on such issue.
5. Though initially the learned Civil Court did not refer to the tenancy issue immediately after framing it, such issue was referred to the Mamlatdar somewhere in the year 1997. However, it is a matter of record that sole plaintiff Fr Barbosa expired on 23.8.1995.
6. Matter was taken up before the Mamlatdar and subsequently sole defendant expired on 15.5.2005.
7. It so happened that though the suit was kept sine die and the proceedings were taken up before the
The court established that the Agricultural Tenancy Act mandates that civil suits related to tenancy must remain sine die until the tenancy issue is resolved by the competent authority.
One legal heir can represent the estate in Rent Act suits without needing all heirs to be added, provided there is no fraud or collusion.
The jurisdiction of Civil Courts is barred in matters concerning tenancy rights that are to be decided by the Mamlatdar under the Agricultural Tenancy Act, particularly when the relief sought is a ne....
The court established that excessive delay in filing appeals, without sufficient justification, cannot be condoned, particularly in tenancy matters where the rights of tenants are protected under the....
Suit does not abate upon death of one plaintiff if the right to sue survives; legal representatives need not be substituted if the cause of action continues.
The main legal point established in the judgment is that the rejection of a plaint under Order VII Rule 11(d) of CPC should be stringent, and the plea of limitation should be adjudicated on the merit....
The court established that a liberal approach should be taken in condoning delays in procedural matters to ensure that justice is served.
The civil court retains jurisdiction to adjudicate on joint family property matters, even when tenancy rights are involved, unless specifically barred by the Tenancy Act.
The civil court retains jurisdiction to adjudicate on joint family property matters, even when tenancy rights are involved, unless specifically barred by the Tenancy Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
