AIR 1989 SUPREME COURT 2240 ::(1990) 1 MahLR 627 ::(1990) 1 APLJ 9.1 ::1989 SCC (Supp) 2 627 ::(1989) 3 JT 647 (SC)

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): M. N. Venkatachaliah, K. N. Saikia , JJ

Civil P.C. (5 of 1908) , S.11— Res judicata - Application before Tenancy Authorities for possession of land - Dismissal of, on ground of want of jurisdiction - Subsequent civil suit against tenant for recovery of possession of land - Remanding of case by @page-SC2241High Court for hearing by trial Court with a direction to refer issue regarding tenancy to tenancy authorities - Held, not barred by res judicata. Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.29, S.25, S.85A— Tenancy - Referring issues to competent authority - Applicability of res judicata. The appellant owners of the land had leased out the land for a period of 10 years under a Kabulayat at an annual rental of Rs.1000/-. The appellants submitted an application under S.29(2) of the Tenancy Act, but that application was dismissed. Thereafter, they moved another application under S. 88-C of the Act and that application was also dismissed on the ground that the lands were governed by S. 43-C of the Act, but the Act did not apply as the lands were within the limits of the municipal borough. Thereafter, they started the third proceeding being application under S. 29(2) read with S. 25(2) of the Act for possession of land. That application also came to be dismissed by the tenancy authorities on the ground that the lands in dispute were lands growing natural grass and, there....