Under Section 133 of the Karnataka Land Reforms Act, 1961, any dispute regarding tenancy of agricultural land from prior to 1-3-1974 must be referred to the Tribunal for decision, and the decision of the Tribunal is final.

( 1 ) ON a reference made by Venkataswami, J. the above appeal has come up for decision before this Division Bench.

( 2 ) THE appellant is the defendant in the suit, OS. 68 of 1971 on the file of the Munsiff, Savanur. The respondent instituted the said suit for injunction restraining the appellant from interfering with his possession of the suit land on the ground that the land in question was an agricultural land and that he was in possession of the same as tenant under the appellant. The appellant denied that the respondent was his tenant and contended that he himself was in actual possession and enjoyment of the suit land. On the basis of the pleadings, the Munsiff framed several issues. One of them was "whether the plaintiff was in lawful possession of the suit land on the datw of the suit?" At the conclusion of the trial the Munsiff passed a decree dismissing the suit. Aggrieved by the decree of the trial Court the respondent filed an appeal before the Civil Judge. Hubli. The Civil Judge set aside the judgment and decree passed by the trial Court and remanded the suit in the trial Court to dispose it of in accordance with S. 133 (2) fa) of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as the Act) as it stood on the date of the decision of the lower appellate court i. e. 28-8-1974. Aggrieved by the decision of the lower appellate court, the appellant has filed this appeal.

( 3 ) ON 28-8-1974 Section 133 of the Act read as follows :" 133. Suits involving issues required to be decided under this act:- (2) * * * (2) (a) If any suit instituted in any Civil Court involves any issues which are required to be settled, decided or dealt with by the Tribunal or anv suit is instituted in anv such Court for possession of or iniunction in respect of an agricultural land on the allegation that the defendant has trespassed or is trying to trespass on such land and the defendant denies the said allegation and claims that he is in possession on the strengthof a tenancyexisting from prior to 1st March 1974, then the Civil Court shall stav the suit and refer such issues or the claim, as the case may be, to the Tribunal for decision. (b) On receipt of such reference, the Tribunal shall deal with and decide such issues in accordance with the provisions of this Act and shall communicate its decision to the Civil Court which has made the reference. "

( 4 ) BY the Karnataka Land Reforms (Second Amendment) Act, 1976 (Karnataka act 27 of 1976) which received the assent of the President on 12-3-76 and was published in the Karnataka Gazette dt. 13-3-1976, S. 133 of the Act was substituted by the following new section:"133. Suits, proceedings, etc, involving questions required to be decided by the Tribunal; (1) Notwithstanding anything in any law for the time being in force- (1) no Civil or Criminal Court or Officer or Authority shall, in anv suit, case or proceedings concerning a land other than proceedings under Chap. IV of this Act, decide the question whether such land is or is not agricultural land and whether the person claiming to be in possession is or is not a tenant of the said land from prior to 1st March, 1974; (ii) such Court or Officer or Authority shall stay such suit or proreedings in so far as such question is concerned and refer the same to the Tribunal for decision; (iii) all interim orders issued or made by such Court, Officer or Authority, whether in the nature of temporary injunction or appointment of a Receiver or otherwise, concerning the land shall stand dissolved or vacated, as the case may be; (iv) the Tribunal shall decide the question referred to it under C1 (1) and communicate its decision to such Court, Officer or Authority. The decision of the Tribunal shall be final. (2) Nothing in sub-sec (1) shall preclude the Civil or Criminal Court or the Officer or Authority from proceeding with the suit, case or proceedings in respect of any matter other than that referred to in that sub-section.