GOPALAKRISHNA KALLURAYA Vs. RAMACHANDRA KALLURAYA

JUDGEMENT

(1.) This petition under S.115 of the CPC. is by the second defendant in OS.No.79 of 1967 on the file of the Court of the Civil Judge, Mangalore. It is directed against an order refusing to stay further proceedings in the suit on the basis of a request made by him in I.A. IV. The said application was filed under S.151 of the CPC.

(2.) The material facts are these: The property concerned in the suit, which was one for partition and separate possession, originally belonged to three brothers. One of the brothers sold his 1/3 share in favour of the plaintiff on 23-3-1967. The other two brothers sold their shares to the first defendant in the suit on 7-1-1967. It is the case of the secoad defendant (the revision petitioner) that he was a purchaser from 'Khayamgeni' tenants of all their rights, title and interest in the whole of the property . On the basis of the pleadings in the suit one of the issues raised is as follows: "Whether the sale-deed dated 23-3-1967 in favour of the plaintiff is void as per the Mysore Land Reforms Act."

(3.) During the pendency of the suit, the second defendant filed an application, I.A. IV alleging that proceedings had been instituted before the Assistant Commissioner, the prescribed authority, under S.83 of the Mysore Land Reforms Act, (hereinafter referred to as the Act), seeking a declaration that the sale deed in favour of the plaintiff was null and void. The basis for relief was stated to be that the plaintiff was not an agriculturist and as such he was prohibited from purchasing the land from an agriculturist as provided under S.80 of the said Act. The relief sought in I.A.IV was that the proceedings before the learned Civil Judge should be stayed pending a decision by the prescribed authority. The Court rejected the application although it came to the conclusion that S.151 of the CPC. could be invoked notwithstanding the express provision made under S.10 of the said Code in that behalf.