K P LAKSHMANACHAR Vs. VEERAPPA

JUDGEMENT

(1.) This revision has bqep, brought up before us by way of a, reference made by a learned single Judge, of this Court under S.8 of the High Court Act.,

(2.) The petitioner was thq defendant in OS.3 of 1969 on the file of the Munsiff at Holenarasipur. He is aggrieved by an order made, by the learned Munsiff on Issue No. 1 relative to the status set up by him, in regard to which an issue had been framed in these, terms: " Does the plantiff prove that the defendant is an agriculturist? "

(3.) The plaintiff sued, on a, pronote for a, certain sum alleged to, be due from the, defendant. Since the suit was plainly out of time, the, plaintiff had invoked the, benefit of S.24 of the Mysore, Agriculturists Relief Act, 1928 (Act 18 of 1928), to, get over the bar of limitation. This suit came to be filed on 2-1-1969, and had been kept pending till the enactment of what is known as the Mysore, Agricultural Debtors Relief Act, 1966 (Act of 1966) - Although the latter Act had been enacted in 1966, it was brought into force only on 1-4-1969. The defence of the defendant was that he was not an agriculturist within the meaning of the Act of 1928 and, therefore, the provisions of S. .24 thereof could not be availed of by the plaintiff in order to save limitation fop his suit.