UMA SHIVA ANANT Vs. SRIPAD BHAVANI SHANKAR

JUDGEMENT

(1.) This appeal is by the plaintiff and is directed against the judgment and decree dt. 9-7-J973 of the Civil Judge, Uttara Kannada, Karwar, in R.A. No. 182 of 1972 reversing the judgment and decree dt. 4-8-1972 of the Principal Munsiff, Kumta in O.S. No. 61 of 1969.

(2.) On 3-8-1972, the plaintiff instituted O.S. No. 61 of 1969 for recovery of arrears of rent for four years from 1961 to 1964 alleged to be due by the respondent- defendant. He alleged tha-t the defendant who was his tenant under a lease deed dt. 11-11-1886, had committed default in the payment of rents due for the aforesaid years and was liable to pay the same. In resisting the suit, the defendant denied his liability to pay the amounts claimed by plaintiff. He disputed the rate of rent claimed by the plaintiff. Lastly, he urged that the suit claim was barred by time.

(3.) On the above pleadings, the learned Munsiff framed appropriate issues. on a consideration of the evidence placed by the parties, the learned Munsiff answered all the material issues in favour of the plaintiff and decreed the plaintiff's suit for Rs. 1,451-19. Against the judgment and decree of the learned Munsiff, the defendant filed R.A. No. 182 of 1972 before the learned Civil Judge inter alia contending that the finding of the learned Munsiff on the plea of limitation was erroneous and the suit was barred by S. 34 of the Karnataka Land Reforms Act of 1961 (hereinafter referred to as the Act). On an examination of the contentions urged before him, the learned Civil Ju'dge by his judgment dt. 9-7-1973 rejected the plea of the defendant that the suit was barred by time, but upheld his plea that the suit was barred by S. 54 of the Act. In that view, he has allowed the appeal filed by the defendant and has reversed the judgment and decree of the learned Munsiff and has, dismissed the suit filed by the plaintiff