NARAYAN ISHWAR HEGDE Vs. VIGNESHWAR VENKATARAMAN BHAT

JUDGEMENT

(1.) This is plaintiff's second appeal. His suit O.S. No. 28/69 on the file of the Munsiff, Bhatkal, came to be dismissed by the two Courts below mainly on the ground that it had been filed prematurely.

(2.) Sri K.I. Bhatta, Learned Advocate on behalf of the respondent-defendant submitted that he would not support the judgments and decrees of the two Courts below on the ground that the suit was not maintainable because it had been filed prematurely but the suit did not remain maintainable after 1-3-1974 as the subject matter of the suit became extinguished in view of the provisions of the Karnataka Land Reforms Act (hereinafter referred to as 'the Act').

(3.) The undisputed facts are that the plaintiff was the permanent tenant of the suit schedule property. It is an areca garden measuring 2 acres 7 guntas situated in Konar village in Bhatkal Taluk. He sold the permanent tenancy right to the defendant on 18-4-1969 and executed the regis-tered sale deed Exhibit D-4. On 20-4-1969 the plaintiff and the defendant contracted as per Exhibit P-l, stipulating that the defendant would reconvey the land to the plaintiff on the plaintiff paying the consideration amount of Rs. 1,500/-before 15-7-1969. That date was extended to 31-10-1969 and once again it was extended to 3-12-1969.