KADAPPA PARAPPA Vs. BADEMIYA HASANMIYA

JUDGEMENT

(1.) This revision petition preferred by a tenant of agricultural lands arises out of an order made by the Court of the Munsiff Hukeri, in proceedings instituted by respondent 1 for recovery of rent under S.42 of the Karnataka Land Reforms Act 1961, hereinafter referred to as the Principal Act. The petitioner contended in his objections that respondent 1 is not his landlord and that there is no relationship of landlord and tenant between the panties. He filed I.A.II supported by an affidavit requesting the Court to decide as a preliminary issue, the question whether the relationship of landlord and tenant exists between the parties.

(2.) The said application was rejected by the learned Munsiff summarily by an order made on 14-6-1973 which reads :

(3.) The amendments made by the Amendment Act have been given retrospective effect. S.91 of the Amendment Act prpvides for disposal of pending proceedings. Sub-sec(1) of the said section provides that the provisions of the Principal Act as amended shall be applicable to all proceedings commenced before the date of the commencement of the Amendment Act and pending before any Court, Tribunal or other authority as if the Principal Act as amended was in force when the right accrued or liability was incurred and every Court, Tribunal or other authority shall deal with the proceedings accordingly. Sub-sec(2) provides that all applications, statements and proceedings including execution proceedings and proceeding in appeal under the Principal Act relating to resumption of land pending before any Court immediately before the date of commencement of the Amendment Act shall not have any effect and shall abate. Sub-sec (3) provides for transfer of all applications or proceedings other than those referred to in sub-sec (2) pending before any Court or authority immediately before the date of commencement of the Amendment Act, to the Tahsildar or the Appellate Authority.