NINGAPPA DURGAPPA Vs. HANUMANTAPPA BALAPPA

JUDGEMENT

(1.) The plaintiff in O. S. No. 143 of 1975 on the file of the Principal Munsiff, Haveri, has preferred this petition against an interlocutory order dated 12.9.77 of the Munsiff passed on I.A.I.

(2.) Defendants had filed that application (I.A.I.) under Or XIV Rule 5 C.P.C., requesting the court to raise an additional issue as mentioned therein, and also to refer that issue to an appropriate authority constituted under the Karnataka Land Reforms Act, 1961 (the Act) for a finding and to proceed with the suit further after receiving that finding and in the light of the same. The Munsiff has allowed I.A.I.

(3.) The plaintiff's suit is ior specific performance 01 an agreement said to have been entered into with him by the 1st defendant agreeing to sell an a agricultural land. One of the contentions raised in the written state ment filed by the defendants is that the plaintiff is neither an agriculturist nor an agricultural labourer and as such was not entitled to purchase an agricultural land as provided in S. 80 of the Act. According to them the court below had not raised a specific issue on this aspect of their defence and, therefore, they had filed I. As I and IV.