Rango Laxman Pingle vs Kumudini Chandrakant Pethkar And Ors. on 17 January, 1980
7. Mr. Abhyankar, who appears for the appellants, also referred to two judgments of the Supreme Court in support of the proposition that any transaction which is entered into by the defendant during the pendency of a litigation cannot affect the claim of the plaintiff. He had therefore challenged the creation of tenancy in favour of Padma-vati by Balwant. The two judgments relied upon by him are Rentala Lachaiah v. Chimmapudi Subrahmanyam, and Husainbhai Nabibux Kunjada v. Modhia Chhotalal Mansuklal . In our view, it is not necessary to consider whether the tenancy rights created by Balwant in favour of Padmavati were valid or not and "whether under Section 32M a certificate was correctly issued in favour of Padmavati. These are matters which a Civil Court is barred from considering under Section 85 of the Tenancy Act.