AIR 2002 SUPREME COURT 1568 ::2002 AIR SCW 1464 ::(2002) 3 MahLR 643 ::2002 (1) UJ (SC) 597 ::2002 (4) SCC 481 ::2002 (2) RecCivR 532 ::(2002) 3 Scale 92 ::2002 (2) All CJ 1155 ::(2002) 2 AllMR 944 (SC) ::(2002) 5 Bom CR 182 ::2002 (3) Mah LJ 69 ::(2002) 2 SCJ 620 ::2002 (3) LandLR 198 ::2002 (3) Bom LR 712 ::2002 (2) SLT 672 ::2002 (2) Supreme 610 ::2002 (4) SRJ 566 ::(2002) 3 JT 356 (SC)

Supreme Court Of India

(From : Mumbai (Bombay))*

Hon'ble Judge(s): S. S. M. Quadri, S. N. Variava , JJ

Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.32(G), S.32(M), S.85— Civil P.C. (5 of 1908) , O.21 R.97, S.9— Bar of jurisdiction of Civil Court - Certificate of ownership granted to tenant purchaser is conclusive proof of purchase - So long as certificate is not set aside, decree for possession in respect of suit property, cannot be executed against tenant purchaser. W. P. No. 4634 of 1999, D/- 23-8-1999 (Mumbai), Reversed. Where deed of settlement executed by owner of suit land whereby owner had given suit land to his sister " T " showed that " T " had during her life-time a right to be in a possession and to cultivate suit land, consent decree passed in appeal by owner against dismissal of suit for declaration that " T " cannot lease out land, said consent decree under which " T " agreed that she will not lease out any piece of land does not take away right of "T" to be in possession and to cultivate suit land. " T " on basis of consent decree cannot be held to be a trespasser on suit land. " T " executed lease deed in favour of appellants and appellants noticed to purchase the suit land. The appellant had purchase price fixed by Tribunal under S. 32-G and certificate of ownership was granted to appellants/purchasers. In meantime the respondents filed suit against " T " and prayed for recovery of possession of suit land on groun....