N NARAYANAPPA Vs. NARASIMHAIAH

JUDGEMENT

(1.) This petition is directed against the qrder dt.4-8-1972 parsed by the I Addl.II Munsiff, Bangalore in OC.186/66, holding that that Court has jurisdiction to try the said suit.

(2.) The said suit relates to some land and the plaintiff who is the first respondent in this petition, claims various reliefs. He has challenged the sale certificate issued by the Tahsildar under S.22 of the Mysore Tenancy Act, 1952 (hereinafter called the Act), in TNC.6/1964-65 in favour of defendants 1 to 3 who are the petitioners in this revision petition, on grounds of fraud and collusion. The petitioners, while resisting the said suit, have, inter alia, contended that the Civil Court, has no jurisdiction to entertain the suit in view of the provisions of S.46 of the Act. Therefore, one of the issues framed in the suit, namely: Has this Court no jurisdiction to try the suit in view of the provisions of the Mysore Tenancy Act, (issue No. 6), has been heard as a preliminary issue and the learned Munsiff itaking the view that the Civil Court has jurisdiction to entertain the suit, has passed the impugned order.

(3.) It is contended by Sri K. Nagarajarao, learned Counsel fox the petitioners that where a Tahsildar issues a sale certificate following the procedure prescribed by S.22 of the Act the person to whom the land is sold becomes the owner and the Civil Court has no jurisdiction to entertain any suit for setting, aside the said sale and that is expressly prohibited by the provisions of sub-sec. (2) oi S.46 of the Act.