MONAPPA MULYA Vs. KUSUMA S SHETTY

JUDGEMENT

(1.) The defendant is the petitioner in this revision application. The respondent filed small cause suit No.37 of 1967 in the Court of the Addl. Munsiff at Mangalore for recovery and possession of the suit house and for arrears of rent, mesne profits and interest.

(2.) The case of the plaintiff was that the defendant was a tenant and he failed to pay the rent and therefore a notice to quit was issued against him and so entitled to recover possession of the suit house.

(3.) The defendant resisted the suit and contended that he was not a tenant under the plaintiff. It was contended further by him that the lease was an agricultural lease and since he was a tenant of agricultural land and house the small cause court had no jurisdiction to entertain and try the suit.