CHANNEGOWDA Vs. M N THIMMIAH

JUDGEMENT

(1.) This appeal is instituted by original d,efendant-l and is directed against the judgment and decree datted 12-12-1972 passed by the Civil Judge, Mandya, in R.A. No. 24/1972, on his file, allowing the appeal and remitting the case to the trial Court with a direction to refer the issue about the tenancy to the Land Tribunal, await the decision of the Tribunal and then dispose of the suit in accordance with law.

(2.) The plaintiff instituted a suit before the Munsiff, Mandya, in OS. No. 1219/1968 for declaration of his title as a tenant and for injunction. Subsequently, he amended the plaint seeking for possession as, according to him he was dispossessed on 18-11-68 since the interim injunction order was not issued in the suit. Defendant-1 resisted the suit by his written statement. According to him, the plaintiff was not a tenant. He denied that the plantiff was dispossessed after institution of the suit. The suit, according to him, was not tenable. The other defendants also resisted thei suit. On these pleadings, the learned Munsiff raised the following issues as arising from the pleadings :

(3.) After the plaint was amended, the additional issue 'Whether this suit is maintainable?' was raised, in addition to the issue regarding possession.