LAWS(KAR)-1970-10-7

SRI SODE VADIRAJ MUTT Vs. THANYA PUJARY

Decided On October 03, 1970
SRI SODE VADIRAJ MUTT Appellant
V/S
THANYA PUJARY Respondents

JUDGEMENT

(1.) The petitioners in all these cases are landlords and the respondents are the tenants in respect of the lands belonging to the petitioners. The petitioners in all these cases are Hindu Public Religious Institutions in the district of South Kanara to which the provisions of the Madras Hindu Religious and Charitable Endowments Act 1951, are applicable. The lands held on lease by the respondents belong to Hindu Public Religious Institutions governed by the aforesaid Act. These revision petitions have been filed under S.18 of the Mysore Small Cause Courts Act, 1964. In all these cases, the trial Courts have directed the return of plaints for presentation to proper Court, principally on the ground that the suit lands are not exempt from the provisions of the Mysore Land Reforms Act, 1961 under S.107 of the said Act. The trial Courts have also taken the view that as fair rent has not been fixed under the Mysore Land Reforms Act, 1961, the suits for recovery of arrears of rent are premature. The view of the trial Courts is that as the lands in question are not exempt from provisions of the Mysore Land Reforms Act, 1961 (hereinafter referred to as the Act), the ordinary Civil Courts have no jurisdiction to entertain the suits and that the petitioners can resort to the remedy provided under S.42 of the Act. S.42 of the Act as was in force when these cases were disposed of by the trial Courts reads as follows:

(2.) The principal question for consideration in all these cases, therefore, is as to whether the Courts below were right in their view that S.107 of the Act is not applicable to the lands in question. The Act extends to the whole of Mysore State and is applicable to all agricultural lands. In Chapter VIII of the Act, some provisions have been incorporated giving exemption to certain classes of lands from the operation of certain provisions. S.103 of the Act provides that some of the provisions specified in that section shall not apply to leases obtained by industrial or commercial undertakings, co-operative societies, etc. S.104 provides that some provisions of the Act shall not be applicable to regimental farms and plantations. Sec.105 exempts lands leased by or to local authorities from the operation of some provisions of the Act. S.106 provides that in respect of compensation payable to religious, charitable or other institution capable of holding property, the provisions of Ss. 47, 50 and 51 shall have effect subject to the modifications specified in sub-sees. (2), (3) and (4) of that section. S.107 of the Act, with which we are concerned, states that subject to the provisions of S.I 10, none of the provisions in the Act, except S.8, shall apply to lands belonging to or held on lease from the Government or lands belonging to or held on lease from religious or charitable institutions managed by or under the control of the State Government, or lands belonging to or held on lease from a public trust or a society for public educational purpose created or formed before the 18th November 1961, and in existence on the date of commencement of the Mysore Land Reforms (Amendment) Act, 1965. S.108 is similar to S.107 exempting the lands taken under the management of the Courts of Wards, etc., subject to the provisions of S.110, from the operation of the provisions of the Act, except S.8. S.109 empowers the State Government to reserve any area for urban non-agricultural or industrial development and to direct that the land in such area shall be exempt from such of the provisions of the Act as may be specified in the Notification issued by the State Government. S.110 empowers the State Government to take away the exemption given under Ss. 103, 105, 107 and 108 of the Act. The exemption given in S.107 is subject to the provisions of S.110. S.110 provides for taking away the exemption given to lands specified in S. 107 of the Act. It is not disputed in this case that S.110 has not so far been invoked by the State Government to take away the exemption given by S.107 of the Act. It is not contended by the petitioners that the lands belonging to the petitioners are not governed by S.8 of the Act. The petitioners' case is that except S.8, none of the other provisions of the Act apply to the lands belonging to them as the petitioners are religious institutions under the control of the State Government.

(3.) Section 107 of the Act reads as follows: