Civil court jurisdiction barred on agriculturist status; tenancy law requires reference to the Mamlatdar before final relief.

In a specific performance suit concerning agricultural land under the Bombay Tenancy and Agricultural Lands Act, 1948, the civil court could not decide whether the purchaser was an agriculturist because that issue fell within the exclusive statutory province of the Mamlatdar. Sections 63, 85 and 85A require the revenue authority to determine questions that the Act assigns to it, and the civil court must stay the suit and refer the jurisdictional issue when such determination is necessary for final relief. The fact that the suit itself is otherwise maintainable in civil court does not preserve jurisdiction over a contested issue reserved to the competent authority.

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Issues: Whether, in a suit for specific performance of an agreement to sell agricultural land governed by the Bombay Tenancy and Agricultural Lands Act, 1948, the civil court can decide the issue whether the purchaser is an agriculturist or must refer that issue to the Mamlatdar under the Act.

Analysis: The statutory scheme treats the Mamlatdar as the authority to decide whether a person is an agriculturist. Section 63 prohibits transfer of agricultural land in favour of a non-agriculturist, while Sections 85 and 85A bar civil court jurisdiction on issues required to be decided under the Act and oblige the civil court to stay the suit and refer such issues to the competent authority. The fact that the suit itself is cognizable by the civil court does not preserve its jurisdiction over a contested issue that falls within the exclusive province of the revenue authority. The labels of principal or incidental issue are immaterial where determination of the issue is necessary for final relief and the statutory bar is attracted.

Conclusion: The civil court had no jurisdiction to decide whether the plaintiff was an agriculturist, and the issue had to be referred to the Mamlatdar.

Final Conclusion: The appeal succeeded, the dismissal of the suit was set aside, and the matter was remanded for further proceedings in accordance with law after reference of the jurisdictional issue to the competent authority.

Ratio Decidendi: Where a contested issue in a civil suit is one that the tenancy statute requires the competent authority to decide, the civil court's jurisdiction is ousted and reference of that issue under the statutory scheme is mandatory even if the suit itself is otherwise maintainable.

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