HUDUGARANGANAIKA Vs. GOWRAMMA

JUDGEMENT

(1.) THIS is a reference made by the learned District Judge, Tumkur (Sri D.Ponnurangam) under S.113 of the CPC, in an appeal pending before him under S.118 of the Mysore Land Reforms Act, 1961. That appeal arose in this way: The landlord filed a statement under S.14 for resumption of certain lands in possession of her tenant. The Munsiff granted resumption to the extent of half the lands and accordingly, a certificate was also issued. The landlady, while seeking to execute the said certificate claiming possession thereof, the tenant objected stating that the Munsiff had no jurisdiction but the Deputy Commissioner should execute the same. The Munsiff over-ruled the tenant's objection against which he (tenant) preferred an appeal before the District Judge.

(2.) THE learned District Judge finding it unable to understand the scope of Ss.14 and 116 of the Land Reforms Act stated in the last part of his order as follows :