VENKATESHA SHET Vs. NARAYAN ACHARI

JUDGEMENT

(1.) This revision petition by the plaintiff in OS.217 of 1971 on the file of the Court of the Munsiff, Coondapur, S.K., raises the question whether the issue relating to the applicability of the Karnataka Land Reforms Act, 1961 (hereinafter called the Act), has to be decided by the Tribunal constituted under the Act or by the Civil Court.

(2.) The matter arises in this way : The plaintiff filed a suit for possession of a tiled house bearing No.1-93 of Koteshwar Panchayat and situated in Sy.No.243/4 classified in the revenue records as Tunja' of the extent of 27 cents. The plaintiff's case was that his predecessor-in-interest had leased the suit property by a karar d/.4-4-1966, under which the defendant took the building for his business, agreeing to pay a monthly rental of Rs.9. The plaintiff who purchased the property under a sale deed d/.30-3-1970 after issue of a registered notice brought the suit for possession, arrears of rent and future mesne profits.

(3.) The defendant contended, inter aha, that he is a Chalgeni tenant of the entire Sy No.243/4 of the extent of 27 cents and the lease was for agricultural purposes and that as an agricultural tenant, he is entitled to the protection of the Act. It is not relevant to refer to the other contentions of the defendant. The learned Munsiff framed the following issues among others:-