KUNHI Vs. KUTTIAMI BEARY

JUDGEMENT

(1.) This revision petition preferred by defendants 2 to 4 in OS.31/71 on the file of the Court of the Civil Judge, Mangalore is directed against the order made on IA.4 in the said suit.

(2.) Plaintiff and defendant 1 are brothers. They are Muslims and it is admitted that the plaintiff has a half share in the suit properties. Deft.1 who was the sole defendant when the suit was instituted for partition and separate possession of the plaintiff's onev half share, contended that he has leased all the suit properties which are agricultural lands to, defendants 2 to 4 who are none other than the sons of defendant 1. In view of the stand taken by defendant 1, the plaintiff got defendants 2 to 4 impleaded in the suit who contended that they are the tenants entitled tp the protection under the Karnataka Land Reforms Act, 1961.

(3.) A number of issues were framed in the suit. Issues Nos.2 and 3 of the additional issues raise the question whether the alleged lease set up by the defendants is binding on the plaintiff. That is the substance of thoseissues. There are other issues raising the question whether defendants 2 to 4 are tenants. Defendants 2 to 4 made the application to refer the additional Issues Nos.1 and 6 to the 'Court' as originally defined in the Land Reforms Act. The Court below being of the opinion that the stage for referring the said issue has not arisen and that it would arise only if additional Issues Nos.2 and 3 are held against the plaintiff, rejected the application.