https://www.taxtmi.com/caselaws?id=287287 Where a civil suit for possession on redemption of a mortgage raises an incidental tenancy dispute under the Bombay Tenancy and Agricultural Lands Act, 1948, the Civil Court must not decide whether the defendant is a tenant, protected tenant or permanent tenant; that question lies within the Mamlatdar's exclusive jurisdiction and must be referred for statutory determination. The Civil Court may proceed with the possession claim only after that finding. The text also notes that an appellate court may correct an inconsistent finding made by a lower court contrary to its own jurisdictional ruling, even if no separate appeal was filed against that finding. en-us Wed, 05 May 1965 00:00:00 +0530 Tue, 07 Apr 2020 10:17:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287287 Where a civil suit for possession on redemption of a mortgage raises an incidental tenancy dispute under the Bombay Tenancy and Agricultural Lands Act, 1948, the Civil Court must not decide whether the defendant is a tenant, protected tenant or permanent tenant; that question lies within the Mamlatdar's exclusive jurisdiction and must be referred for statutory determination. The Civil Court may proceed with the possession claim only after that finding. The text also notes that an appellate court may correct an inconsistent finding made by a lower court contrary to its own jurisdictional ruling, even if no separate appeal was filed against that finding. Case-Laws Indian Laws Wed, 05 May 1965 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287287