JENNI VASUDEVA UDPA Vs. DEVADIGA HERIYA

JUDGEMENT

(1.) This revision petition preferred by the plaintiff in OS.220 of 1973 on the file of the Court of the Munsiff, Coondapur, S.Kanara, is directed against the order made in the said suit on 13-10-1974 holding that the Civil Court, in view of the provisions of Karnataka Act 31 of 1974, has no jurisdiction to make an order of temporary injunction and that the issue of tenancy if raised by the tenant-defendant, has to be referred to the Tribunal and the suit should be stayed.

(2.) The plaintiff is the owner of the suit land, which is admittedly an agricultural land. The plaintiff sued for a permanent injunction restraining the defendant from interfering with the plaintiff's alleged possession. His case is that the defendant is threatening to trespass on the suit land. The defendant filed a written statement contending, inter alia that he is the tenant of the suit land and that he is not a trespasser. In the suit, the plaintiff filed an application for a temporary injunction. The learned Munsiff made the order under revision holding that in view of S.3 of Karnataka Act 31 of 1974, the Civil Court has no jurisdiction to make an interim order of injunction and all that it has to do is to stay the suit and refer the issue of tenancy to the competent Tribunal.

(3.) In a large number of suits the learned Munsiff (Sri S.Iqbal Ahamed) has made similar orders. Therefore, this revision petition was entertained and heard along with other similar revision petitions. In the suit an order of temporary injunction had been made on 16-6-1973 and it was continued till 15-10-1974 when the learned Munsiff vacated it holding that no order of temporary injunction can be issued by the Court when the defendant raises a plea of tenancy.