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Documents citing Joshi Chhaganlal Garbaddas (Decd.) ... vs Raising Khodasing And Ors. on 23 July, 1985

Shri Dattatray Ganpatrao Surve vs Heeraben D/O Deceased Bhagvanbhai M ... on 23 December, 2022

In Joshi Chaganlal Garbaddas v. Raising Khodasing 1986 1 GLR 69 it was observed by this court that civil court has to open to refer the issue regarding tenancy and court cannot insist that party must first establish a prima facie case in support of its plea. The following observations in the decision is a direct answer of contention raised by learned advocate for the respondent In this regard.
Gujarat High Court Cites 76 - Cited by 0 - A P Thaker - Full Document

Hargovan Keshav vs Mansing Thakorbhai on 3 March, 2000

9. Mr. Jhaveri next contended that even though he has raised a specific contention regarding the tenancy of the land in the written statement, Civil Court ought to have referred it to the Mamlatdar. After inviting my attention to the provisions of section 4 of the Bombay Tenancy and Agricultural Lands Act,1948(herein after referred to as' the Act'), Mr. Jhaveri contended that the appellant was lawfully cultivating the land bearing survey no. 393 belonging to the plaintiff who is deemed to be a tenant especially when the land has not been cultivated personally by the plaintiffs. In the submission of Mr. Jhaveri, the appellant being not the member of the owner's family is a deemed tenant within the meaning of section 4(a) of the Act and, therefore, under section 85 of the Act, the Civil Court has no jurisdiction to settle, decide or deal with any question which is required to be settled, decided or dealt with by the Mamlatdar or the Tribunal. Mr. Jhaveri, therefore, submitted that under section 85A of the Act, the Civil Court ought to have made reference to the revenue authorities. He has placed reliance on the decision of this Court in the case of Joshi Chhaganlal Garbaddas Vs. Raising Khodasing, 27(1) GLR 69 wherein this Court has ruled that the question regarding prima facie case of tenancy does not arise for consideration of the Civil Court. If an issue arises, which is required to be decided by a tenancy court, the Civil Court has no jurisdiction to decide the same even in going into that question.
Gujarat High Court Cites 11 - Cited by 4 - Full Document

Bhikhumiya Gurumiya vs Usmankhan

In Joshi Chaganlal Garbaddas v. Raising Khodasing [(1996) 1 GLR 69] it was observed by this court that civil court has to open to refer the issue regarding tenancy and court cannot insist that party must first establish a prima facie case in support of its plea. The following observations in the decision is a direct answer of contention raised by learned advocate for the respondent In this regard.
Gujarat High Court Cites 14 - Cited by 0 - N V Anjaria - Full Document
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