GOVINDA Vs. MARY FERNANDES

JUDGEMENT

(1.) Malimath, J. has referred this Civil Revision Petition for a decision by a Division Bench as he was of the view that the view taken by Chandrashekhar, J. and Sadanandawamy, J. in CRP. No.2032 of 1969 and CRP.No.182 of 1968, respectively that a revision petition does not lie to this Court against an interlolutory order passed by the Land Tribunal under the Mysore Land Reforms Act, 1961 (to be hereinafter referred to as the 'Act'), was not in accordance with the law laid down by the Supreme Court and hence, that view required to be re-considered by a Division Bench.

(2.) The facts which have given rise to this revision petition, briefly stated, are these: Marry Fernandes and Theresa Fernandes-two land ladies-filed an application in RLC. No.83 of 1968 on the file of the Land Tribunal at Coondapur against their tenants-respondents therein for resumption of certain lands under S.14 of the Act. Sometime later, the land ladies filed an application under Order VI, Rule 17 of the CPC. by which they wanted the following amendment to the original application filed by them:

(3.) The main question that arises for consideration is whether under S.115 of the CPC. a revision petition lies to this Court from an interlocutory order passed by the Land Tribunal in an application under S.14 of the Act. In order to answer this question, it is necessary to refer to S.118 (1) of the Act. That Section reads: