THERESA GRACY DSOUZA Vs. THOMAS DSOUZA

JUDGEMENT

(1.) This revision petition is referred to a Division Bench by Malimath, J. who heard it in the first instance for the reason that he found himself unable to accept as correct the view earlier taken by Datar, J. in several matters on the question which arose for decision in the revision petition.

(2.) The question that arose for consideration was whether the finding of the Munsiff on a preliminary issue as to the status claimed by the defendant as an agricultural tenant and the protection from eviction in consequence thereof, was one which could be taken up in appeal to the District Court.

(3.) The issue framed by the Munsiff reads as follows: Whether the defendant is an agricultural tenant and if so, is he protected from eviction under the Mysore Land Reforms Act? The Munsiff tried it as a preliminary issue and recorded a finding in favour of the defendant. The plaintiff's appeal to the District Court was dismissed as incompetent following the decision of this Court pronounced by Datar, J. in Rudru Shedthi v. Vishnumurthi Bhagavatha, CRP. 2453/71 dt. 11-1-1972. The revision petition heard by Malimath, J., is the one directed against the said order of the District Judge.