SHANKAR APPA KOKANE Vs. NARASINGA RAMA KOKANE

JUDGEMENT

(1.) This matter coming up for orders on I.A. No. II for vacating stay, it is finally disposed of by the following order.

(2.) The short question which falls for determination as already recorded by me on 2-11-1987 is whether the trial Court had jurisdiction to entertain the suit of the plaintiff in O.S. No. 20 of 1983. I.A. No. VI was an application filed by the defendants pointing out to the Court that the Civil Court had no jurisdiction in view of Section 133 of the Karnataka Land Reforms Act, 1961 and the Land Tribunal alone was competent to decide the question of tenancy when the same was in dispute. Unfortunately, in disposing of the same, the trial Court appears to have misread itself in believing that it had jurisdiction to examine prima facie whether the plea of tenancy is tenable. When there is a clear plea with reference to the proceedings pending before the Land Tribunal, the question of prima facie nature of the defence taken in the written statement does not arise. Once the proceedings commenced before the appropriate Land Tribunal, the Civil Court loses its jurisdiction even to examine the prima facie nature of defence. Therefore, the trial Court is in error in rejecting I A. No. VI.

(3.) In the result, the order under revision is set aside and the trial Court is directed to stop all further proceedings in the suit till the Land Tribunal or the Land Reforms Appellate Authority concludes the matter in regard to the claim pending before it. Order accordingly.