N VENKATRAO Vs. KISHATANNA

JUDGEMENT

(1.) THIS is a revisional application under Section 115 of C. P. C. , 1908. The respondent filed a suit against the petitioners herein in the Court of the Civil Judge, Senior Division, Nanded, being Regular Civil Suit No. 88 of 1963 for specific performance of a contract of sale in respect of the suit land with a direction to petitioner No. 1 to obtain permission form the Deputy Collector for transfer of the suit land. The case of the respondent was that petitioner No. 1 was the owner of the suit land and petitioner No. 2 claimed to be his adopted son. The respondent was a protected tenant on the said land. Initially, an agreement of sale was entered into in favour of the respondent on 9th June 1958. Petitioner No. 1 backed out this agreement and started resumption proceedings under the Hyderabad Tenancy and Agricultural Lands Act. 1950 (hereinafter referred to as the Hyderabad Tenancy Act.) Ultimately a fresh agreement of sale in writing was entered into on 26th March 1959 where by petitioner No. 1 agreed to sell the suit land to the respondent for Rs. 4,8000. The petitioner No. 1 failed to carry out this agreement and hence the respondent filed the suit.

(2.) PETITIONERS Nos. 1 and 2 raised several defences in their written statements. It was inter alia contended by them that the Court of the learned Civil Judge had no jurisdiction to try the suit. Issue Nos. 4 and 5 framed by the learned Civil Judge were directed to be treated as preliminary issues. These issues were as follows:

(3.) BEING aggrieved by the decision of the learned Civil Judge, the respondent filed an appeal being Miscellaneous Civil Appela No. 34 of 1964, which was disposed of by the learned Assistant Judge by his judgment and order dated 9th November 1970 allowed the appeal diction to entertain the suit and decide it according to law. He, therefore, remanded the suit to the trial Court. It is Judge decision of the learned Assistant Judge which is challenged before me in this revisional application.