CHIKKAVEEREGOWDA Vs. DEVEGOWDA

JUDGEMENT

(1.) This petition under S.115 CPC is by the plaintiff in OS.246 of 1969 on the file of the Munsiff Srirangapatna. He is aggrieved by an order made by the learned Munsiff on 18-3-1974 whereby, he deleted an issue which had been framed esarlier restive to the tenancy pleaded by the parties.

(2.) On behalf of the petitioner plaintiff it had been contended before the learned Munsiff that when once the Karnatka Land Reforms (Amendment) Act 1 of 1974 came into force the issue of tenancy raised therein could not be tried by him at all. Further he had no power to delete that issue either. The learned Munsiff relying on the decision of this Court in Tara Bai v. Krishna Pandurang Powar (1972) 1 Mys.L.J. 260. came to the conclusion that such an issue would not at all arise in a suit for permanent injunction simpliciter. Therefore, he directed the deletion of that issue over-ruling the abjection urged on behalf of the revision petitioner.

(3.) On behalf of the petitioner Sri T. J. Chouta the learned Counsel, placing reliance on a learned single Judge's decision of the Gujarat High Court in Babar Somla Kamli v. Ganpat Narayan Mohite AIR.1970 Guj. 148. contendea that when once an issue regarding tenancy came to be framed! and when the Court had jurisdiction to frame such an issue it was not open to delete that issue after the jurisdiction it had earlier had been taken away by the amendment to the Land Reforms Act. On behalf of the respondent Sri Shivaramaiah the learned Counsel, relied principally on the decision of this Court in Tara Bai's case (l) and contended that even in the first instance such an issue had been unnecessarily raised. He further contended that the jurisdiction to frame an issue stems from the provisions of the CPC and not by any provision contained in the Land Reforms Act. In that view, he argued that such power would be available to a Court to, delete any such issue in proper cases.