MALLAMMA Vs. CHANNEGOWDA

JUDGEMENT

(1.) THIS second appeal has a long history behind it. It dates back to the year 1955 when a suit was filed for declaration and possession and more than 53 years have passed since then and still the plaintiff is litigating this case for possession of the suit properties, in regard to which, superior Courts have declared more than once that the plaintiff is the absolute owner of the suit properties, entitled to possession.

(2.) SECONDLY, this case also furnishes an example of how an order of a Land Tribunal can thwart the successful plaintiff from enjoying the fruits of the decree.

(3.) HOW an order passed by a tribunal can have the effect of bringing to a halt, the judgments of the superior Courts in another aspect, and finally this case also calls for an interpretation of Sections 132 and 133 of the karnataka Land Reforms Act, 1961 and whether by the said provisions, the hands of the civil Court can be tied, even when the question concerns the binding effect of the order of the Land Tribunal.