NEMANI IRAPPA HUNDRE Vs. BELGAUM MUNICIPAL COUNCIL

JUDGEMENT

(1.) The appellant is the judgment-debtor. Respt. is the decree-holder. The decree-holder is the Belgaum Municipal Council. Certain agricultural lands belonging to the Municipality were leased to the judgment-debtor by the decree-holder tor one year on 22-4-1949. Thereafter the decree-holder filed the sun OS.No.166 50 for possession of the suit lands from the judgment-debtor in the Court of the Civil Judge, JD., Shahapur. This suit was dismissed by the trial Court. But on appeal, in CA.128,52 the Dist.Judge, Belgaum, reversed the findings of. the trial Court, allowed the appeal and decreed the suit on 16-2-1954 Thereafter the judgment-debtor filed a second appeal to the High Court of Bombay. That appeal was transferred to this Court after the reorganisation oi States and was numbered as SA. No.31/56(B). That second appeal was dismissed on 16-2-1966. But the issue with regard to tenancy of the judgment-debtor was kept open.

(2.) The decree was sought to be. executed in Execution Case 197 66 in the Court of the, II Addl Munsiff, Belgaum. The judgment-debtor raised objection that he was the tenant of the land entitled to protection under the Mysore Land Reforms Act. That objection was over-ruled and the Court ordered delivery of possession. Thereupon, the judgment-debtor filed Execution Appeal 17 71 in the Court of the II Addl. Civil Judge, Belgaum. That appeal was also dismissed. The present second Appeal has been filed against that qrder.

(3.) The contention of Mr. S. L. Benadikar is that under S.91 of the Mysore Land Reforms (Amendment) Act, 3973, Karnataka Act 1 of 1974, which has come into force on 1st day of March 1974, the jurisdiction of the Civil Court has been taken away with retrospective effect and that the issue with regard to tenancy must be tried de novo by the authority prescribed under the Mysore, Land Reforms Act as amended by the Karnataka Act 1 of 1974. But Mr.J.S.Gunjal, appearing fqr the Respt., has relied on S.72 of the Karnalaka Act 1 of 1974 under which S.107 of the Mysore Land Reforms Act 10 of 1962 has been amended. His contention is that except S.8 of the other provisions of the Mysore Land Reforms Act, as aniended by Act 1 of 1974, do not apply to the lands which are the subject matter of the Execution Case, since the lands belong to a local authority namely, the Belgaum Municipality.