ANGARA KOTIAN Vs. KAVU HEGGADTHJ

JUDGEMENT

(1.) This is a revision petition by the defendant arising out of a suit for ejectment instituted before the Small Cause Court at Udipi.

(2.) The schedule premises consisting of a residential house and a bagayat in extent of 20 cents containing about 15 coconut trees, 5 coconut plants, one mango tree and a jackfruit tree, was the subject matter of the lease under Ext.P-1 dated 30-12-1960 executed for a period of eleven months. The petitioner is now in possession as a tenant holding over. The suit to recover possession was filed on the ground that the house in question was sublet without the consent of the plaintiff and the same is required for the occupation of the plaintiff's son Raghurama Hegde who is a junior Deputy Inspector of Schools.

(3.) The substantial defence of the petitioner was that he was not a monthly tenant of the premises. It was an annual lease for agriclutural purposes and the said rent bond was taken only for convenience. He had never sublet the quarters. It was in the occupation of one Puttannayya even before 30-12-1960. He further alleged that he is a cultivating tenant entitled to the benefits of the Mysore Land Reforms Act and he should be deemed to be a tenant under the said Act. On these averments, in the written statement, the petitioner took the plea that the Court has no jurisdiction to deal with the suit.