The Mamlatdar has exclusive jurisdiction to decide whether a person is a tenant or a protected tenant or a permanent tenant. The Civil Court has no jurisdiction to try a suit by a landlord against a tenant for possession of agricultural lands.

Judgement

BACHAWAT, J. : On April 19, 1951, the plaintiff-appellant instituted a suit in the Court of the Second Joint Civil Judge, Junior Division at Bagalkot, for possession of the suit properties or redemption of a mortgage and the taking of accounts on the allegation that defendant No. 1 was the usufructuary mortgagee under a mortgage deed dated - June 28, 1945 (Ex. 43). The defendants pleaded that the transaction of June 28, 1945 was an advance lease and not a mortgage, and they were protected tenants within the meaning of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act LXVII of 1948) hereinafter referred to as the Act. On March 4, 1953, the trial Court passed the following decree:

"10. (A) The deed Exhibit 43 is a composite document comprising of a mortgage and a lease. On taking accounts of the mortgage debt, it is found that plaintiff owed nothing to the defendants on the date of suit. The mortgage stands fully redeemed.

(B) The plaintiff is at liberty to seek his remedy for possession of the suit lands in the Revenue Courts.

(C) The plaintiff shall recover half the costs of the suit from the defendants and the defendants shall bear their own.

On April 15, 1953, the plaintiff filed an appeal in the Court of the Assistant Judge at Bijapur, and the defendants filed cross-objections. On July 5, 1955, the first appellate Court held that the Civil Court had no jurisdiction to determine whether defendant No. 1 was a mortgagee in possession or a tenant, and passed the following decree:

"The appeal is partly allowed. The decree of the learned trial Judge that nothing is due by the plaintiff to the defendants under the transaction (Exhibit 43) at the date of the suit and the plaintiff is at liberty to seek his remedy for possession of the suit land in Revenue Court is confirmed. The rest of the decree namely that the document (Exhibit 43) is a composite document showing a mortgage and a lease and about costs is set aside. Instead it is directed that the record and proceedings should go back to the Trial Court who should give three months time to the plaintiff after record and proceedings reach it for filing proper proceedings in the Tenancy Court for determining as to whether defendant 1 is a tenant. If the plaintiff does not institute those proceedings within the time allowed by the Trial Court, then the suit of the plaintiff for possession etc., should be dismissed ordering the parties to bear their own costs. If the proceedings are instituted by the plaintiff in the Tenancy Court, then the Trial Court should await the final decision of the said Tribunal. In case it is held by the Tenancy Court that the defendant 1 is not a tenant, then the Trial Court should proceed to pass a decree for possession of the suit lands from the defendants to the plaintiff and should order inquiry into mesne profits from the date of suit until delivery of possession and should reconsider the question of costs between the parties to the suit.

On October 1, 1955, the plaintiff filed a second appeal in the High Court of Mysore. On December 7, 1959, the High Court dismissed the second appeal. The High Court held:

"The lower Appellate Court having come to the conclusion that it has got no jurisdiction to interpret this document, should not have taken the accounts, treating the document as a mortgage. Therefore, I set aside that finding of the Assistant Judge. I confirm the finding of the Assistant Judge that the Civil Court has got no jurisdiction to interpret the document, Ex. 43 as to whether it is a mortgage or a lease. It is, therefore, directed that the record should go back to the Trial Court who should refer the issue to the Mamlatdar as to whether the defendant is a lessee under Exhibit 43, dated 28th June 1945 and in case it is held that the defendant is not a tenant, then the Trial Court will proceed to decide the suit on merits. If it is held that the defendant is a lessee and therefore, a tenant, then the suit will be dismis