( 1 ) THIS is tenant's revision and directed against the order dt. 28-8-1982 passed by the II Additional Munsiff, Mangalore; in HRC No. 66/71 and confirmed by the District Judge, Dakshina Kannada, Mangalore, by his order dt. 22-1-1983, in CRP No. 103/82.

( 2 ) THE short question that arises for decision is : Whether the issue of existence of relationship between the parties as landlord and tenant should be tried as a preliminary issue. The learned Munsiff, following the decision of this Court in the case of Mahammad Iqbal v. Mohamad Gous Lalmiya, (1981) 2 Kant LJ 395 has held that such an issue cannot be tried as a preliminary issue. The District Judge also having confirmed the order made by the Munsiff, the tenant has approached this Court.

( 3 ) IT would appear that some different opinion was expressed in CRP No. 1401/79 decided on 13-7-1983 and the matter has therefore been admitted. I have gone through the said decision. Although the order proceeds on the basis that there are catena of decisions of this Court to support the view point of law that such an issue as to the existence of relationship between the parties as landlord and tenant has to be decided as a pr