P RAMALINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by the defendant is directed against the judgment and decree dated 6-12-1974 passed by the Civil Judge, Bellary, in RA No. 102 of 1973, on his file allowing the appeal and dismissing the suit holding that the Civil Court has no jurisdiction to entertain the suit.

(2.) The plaintiff instituted a suit for a declaration that the order of the Assistant Commissioner cancelling the grant of 31 sq. yrds. as per Ext. P1 was one without jurisdiction and, as such, void in the eye of law.

(3.) The suit was resisted by the Government mainly on the ground that the notice under S. 80 of CPC was not legal and proper and that the Civil Court has no jurisdiction to entertain a suit for such a relief.