CHANNABASAPPA Vs. LAND TRIBUNAL CHINCHOLI

JUDGEMENT

(1.) PETITIONER arraigned as defendant in O. S. No. 67/2005, for permanent injunction in respect of agricultural land has filed this petition invoking the writ jurisdiction of this Court calling in question the proceeding in the suit pending on the file of the Civil Judge (Junior Division), Chincholi and to prohibit the Civil Court from proceeding further in the suit.

(2.) ADMITTEDLY, the suit is one for permanent injunction on the allegation that the plaintiff's lawful possession of the suit lands is sought to be interfered with by the defendant. The only question that arising for decision making in the said suit is whether the plaintiff was in possession of the suit property, on the date of suit and not as to tenancy set up by the defendant. Even according to the petitioner/defendant that issue as to tenancy is subject-matter of proceedings before the Land Tribunal, chincholi. In that view of the matter, it cannot be said that sub-section (2)of Section 133 of the Karnataka Land Reforms Act, 1961 is a fetter on the jurisdiction of the Civil Court to try and decide O. S. No. 67/2005. I say so in the light of the law laid down by a Division Bench of this Court in tarabai Vs. Krishna Pandurang Power reported in 1971 Kar. L. J. 216. The Division Bench in the said order observe thus: