PANDURANG DAMODAR BHOIR Vs. BADDRUDDIN ABBASBHAI PATEL

JUDGEMENT

(1.) On 26th March, 2015, this Court had issued notice for final disposal of the matter. Both the courts below had dismissed the suit on the ground that the civil suit claiming permanent injunction restraining the defendant from interfering with the possession of the plaintiff over the suit property is barred by Section 85 of the Bombay Tenancy and Agricultural Lands Act, 1948. The Court, therefore, framed the question as to whether the suit can be said to be barred by Section 85 of the said Act Admit.

(2.) It is not in dispute that the Courts below had not gone into the merits of the controversy involved in the matter. The suit has been dismissed by the trial Court and the decision is confirmed by the appellate Court on the ground that such a suit is barred by Section 85 of the said Act.

(3.) Both the learned counsels agree on the proposition that such a suit claiming simpliciter permanent injunction cannot be said to be barred by Section 85 of the said Act. They submit that if issue of tenancy arises out of the pleadings of the parties, then the matter can be referred to the tenancy Court and the decision in the suit need to be waited for that.