MALLAYYA MURIGAYYA Vs. PUTTAPPA SHIVAPPA

JUDGEMENT

(1.) On a reference made by Venkataswami, J. the above appeal has come up for decision before this Division Bench.

(2.) The appellant is the defendant in the suit, OS.68 of 1971 on the file of the Munsiff, Savanur. The respondent instituted the said suit for injunction restraining the appellant from interfering with his possession of the suit land on the ground that the land in question was an agricultural land and that he was in possession of the same as tenant under the appellant. The appellant denied that the respondent was his tenant and contended that he himself was in actual possession and enjoyment of the suit land. On the basis of the pleadings, the Munsiff framed several issues. One of them was "Whether the plaintiff was in lawful possession of the suit land on the datw of the suit?" At the conclusion of the trial the Munsiff passed a decree dismissing the suit. Aggrieved by the decree of the trial Court the respondent filed an appeal before the Civil Judge. Hubli. The Civil Judge set aside the judgment and decree passed by the trial Court and remanded the suit in the trial Court to dispose it of in accordance with S.133(2) fa) of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as the Act) as it stood on the date of the decision of the lower appellate Court i.e. 28-8-1974. Aggrieved by the decision of the lower appellate Court, the appellant has filed this appeal.

(3.) On 28-8-1974 Section 133 of the Act read as follows :