VidhiSangh

Supreme Court of India · 27/08/2019

CHANDRAKANT BABAN MOTKARI & ORS. versus GOTIRAM LAXMAN MOTKARI (D) BY LRS. & ORS.

[2019] 11 S.C.R. 780 · 2019 INSC 962

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Summary

The Court dismissed a claim by Laxman’s grandsons to agricultural land purchased under tenancy legislation in the names of Nivrutti and two others. Laxman had witnessed, rather than joined, the original lease; the sale agreement relied on never matured into a conveyance. Earlier challenges by his wife and sons had failed. With the statutory purchase certificate final and no unresolved tenancy issue, the civil court did not have to stay the suit and refer the matter to the Mamlatdar.

Issues

  1. Whether the civil court had to refer tenancy issues to the Mamlatdar despite an existing final purchase certificate.
  2. Whether the descendants could reopen the settled purchase through a joint-family property suit.

Provisions considered

Held

Result

Appeal dismissed as without merit. Concurrent dismissal of the property suit sustained; no reference to the Mamlatdar required on the settled tenancy issue.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 780.