TROPICAL TIMBERS Vs. M V RAMAPPA HEGDE

JUDGEMENT

(1.) These are plaintiff's revisions. In the three suits the plaintiff has filed in the Court of the Principal Civil Judge, Mangalore, Dakshina Kannada, that Court and the first Appellate Court (the District Judge, Mangalore) have concurrently held that since the subject matter of the suits (0. S. Nos. 76, 77 and 78 of 1982) relates to the determination of rights and interests in immovable property (within the meaning of Section 16(d) of the C. P. C.), the Court leacked jurisdiction to entertain the said suits.

(2.) Facts in great detail need not be adverted to for the reason that both the Courts below have, with sufficient clarity, brought out the same.

(3.) The contesting defendants in the three suits, it is said, had entered into three separate agreements with the 3rd defendant (2nd respondent herein) on 30-12-1980 agreeing to sell the trees and permitting him to cut and remove the same from the lands bearing Sy. Nos. 10/1, 10/2 and 10/7 of Madbba Village in Sringeri Taluk, Chikmagalur District. The trees had to be cut and removed out of the lands by 31-12-1983. The 3rd defendant, it is said, has since assigned his rights under the agreements in favour of the plaintiff (plaintiff-firm).