Gundaji Satwaji Shinde v. Ram Chandra Bhikaji Joshi, AIR 1979 SC 653
Quick Summary
This case draws a clear line. Civil courts hear civil suits under Section 9 CPC, but if a law gives a special authority power over a specific question, the civil court must refer that issue. Under the Bombay Tenancy and Agricultural Lands Act, the Mamlatdar alone decides who is an agriculturist. So the civil court could not decide that point and had to send it for determination under Section 85A.
Issues
- Does the civil court have jurisdiction to try the suit for specific performance?
- Who decides if the plaintiff is an agriculturist—the civil court or the Mamlatdar under the Tenancy Act?
Rules
- CPC — Section 9 Civil courts try all civil suits unless jurisdiction is expressly or impliedly barred.
- Tenancy Act — Section 63 Restricts transfer of agricultural land to non-agriculturists.
- Tenancy Act — Section 70 Lists questions the Mamlatdar decides (includes agriculturist status).
- Tenancy Act — Section 85 Bars civil court jurisdiction on questions the Act assigns to authorities.
- Tenancy Act — Section 85A Mandatory reference of such issues from civil court to the competent authority.
- Constitution — Article 133 Appeal to the Supreme Court on High Court certificate.
Facts — Timeline
Timeline image
Arguments
Appellant (Plaintiff)
- Civil court can try the specific performance suit under S. 9 CPC.
- Certificate shows connection with agriculture; hence eligible to purchase.
- Jurisdiction should not be denied merely because a related issue touches the Tenancy Act.
Respondent (Defendant)
- Only the Mamlatdar can decide if someone is an agriculturist (S. 70).
- S. 85 bars the civil court; S. 85A requires a reference of that issue.
- Without a valid finding of agriculturist status, the contract is unenforceable (S. 63).
Judgment
The Supreme Court overruled the High Court. It held that the civil court cannot decide an issue that the Tenancy Act gives to the Mamlatdar. The court must refer the agriculturist-status question under Section 85A and then proceed with the civil suit in light of that finding. Labels like “principal” or “incidental” do not matter; the statutory scheme controls.
Ratio
- Section 9 CPC yields to a clear statutory bar.
- Where the Tenancy Act assigns a question to the Mamlatdar, civil courts must refer that issue (S. 85A).
- Nomenclature of issues (principal/subsidiary) is irrelevant to jurisdictional ouster.
Why It Matters
The case protects the special forum’s domain. It avoids conflicting findings and ensures experts under the Tenancy Act decide specialized questions. Civil courts still hear the suit, but only after the competent authority answers the assigned issue.
Key Takeaways
- Civil courts must refer agriculturist-status issues to the Mamlatdar.
- Sections 85 & 85A create a real bar and a reference mechanism.
- Section 9 CPC applies unless a special law clearly says otherwise.
- “Principal vs incidental” tags do not save civil court jurisdiction.
Mnemonic + 3-Step Hook
Mnemonic: “R-E-F — Refer special issue, Expert forum decides, Follow finding in suit.”
- Spot: Does the Tenancy Act assign this question (e.g., agriculturist status)?
- Refer: Send it to the Mamlatdar under S. 85A.
- Proceed: Continue the civil suit after the finding comes back.
IRAC Outline
Issue
Can the civil court decide agriculturist status while trying a suit for specific performance?
Rule
S. 9 CPC; Tenancy Act Ss. 63, 70, 85, 85A; special forum has exclusive power over listed questions.
Application
Since agriculturist status is assigned to the Mamlatdar, the civil court must refer that issue and await the finding.
Conclusion
High Court view set aside; reference to Mamlatdar directed; suit to continue thereafter.
Glossary
- Mamlatdar
- Revenue authority empowered by the Tenancy Act to decide specified questions.
- Agriculturist
- A person qualified under the Tenancy Act to own/hold agricultural land.
- Jurisdiction Bar
- A statutory rule that prevents civil courts from deciding certain questions.
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