M VAIKUNTA PRABHU Vs. ROSARI D ALMEDA

JUDGEMENT

(1.) As law now stands, who is to decide the question of rival tenancy set up by the parties, whether the Civil Court under its general jurisdiction or the Tribunal in its limited jurisdiction, is the short question for decision in this case. The Tribunal is constituted under the Karnataka Land Reforms Act, 1961 (called shortly "the Act").

(2.) Before going to the facts, I will set out hereunder the relevant provisions of the Act. Section 133 which has been substituted by Karnataka Ordinance 24 of 1975, provides:

(3.) Let me now turn to the facts. Respondent-I filed a suit for injunction claiming tenancy in respect of certain agricultural lands and complaining interference from defendant-3. He said that he was a tenant under one Panduranga Prabhu. Defendant-3 denied that claim and said that he himself was a tenant in possession of the lands, but under one Manjunatha Prabhu. On these rival contentions, the trial Court framed several issues out of which only issue No. 12 is relevant for our purpose it reads: