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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S. G. CHAPALGAONKAR, J.
Prakash S/o Kisanlal Lodha – Appellant
Versus
Dagadu Sopan Kore – Respondent
JUDGMENT :
(S.G. CHAPALGAONKAR, J.)
1. The appellants take exception to common judgment and order dated 08.05.2024 passed by District Judge-1, Kallam in Regular Civil Appeal Nos.03/2024 and 04/2024, thereby quashing and setting aside judgment and decree dated 03.02.2024 passed by Civil Judge, Senior Division, Kallam in Regular Civil Suit No.1145/2019 and remanding proceeding to the Trial Court for framing issue of tenancy with further direction to refer the same to Tenancy Authority for final disposal. (Hereinafter, parties are referred to by their original status for the sake of convenience and brevity).
2. The appellants are original plaintiffs in Regular Civil Suit No.1145/2019. They filed suit seeking relief of perpetual injunction against respondents in respect of land bearing Gut No.72 admeasuring 7H 80R situated at Shelka Dhanora, Tal. Kallam, Dist. Osmanabad.
3. It is the case of plaintiffs that they are sons of Kisanlal and Madanbai Lodha. They inherited the suit property. The defendant no.1 has been declared as protected tenant to the extent of 3H 40R out of Gut No.72. On 01.06.2019, the defendants caused obstruction to plaintiffs cultivation over the suit property. The defen
Tenancy rights under the Hyderabad Tenancy and Agricultural Lands Act must be adjudicated by the Competent Authority, and Civil Courts lack jurisdiction to decide such issues.
Non-occupancy tenancy rights are inheritable under the Hindu Succession Act, contradicting earlier rulings that deemed them non-heritable.
The court established that tenancy rights can be terminated not only by efflux of time but also by changes in land use as per statutory provisions.
Civil courts have jurisdiction over rival tenancy succession claims; rights devolve by statutory succession, not Will; no proprietary vesting for tenants under widows during lifetime.
The court affirmed the plaintiff's status as a cultivating tenant based on revenue records, emphasizing that the appellate court erred in reversing the trial court's decision regarding possession.
A judgment obtained by fraud is null and void; prior tenant rights must be respected without proper challenge to their status.
The main legal point established in the judgment is that a compromise deed does not extinguish the existing rights of the tenant, and the correction deed obtained by the petitioners was collusive and....
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