ORDER : This is a petition filed to revise the judgment and decree dated 31st January, 1970, passed by the Civil Judge, Senior Division, Mapuca, in a suit filed by the respondent herein against the petitioner herein under Section 6 of the Specific Relief Act for recovery of possession of land called "Anta Vithe Naik" situated at Volpem along with mesne profits. The plaintiff had contended that he was in possession of the suit land and that he was dispossessed from it without his consent on 10-6-1966. The suit was filed before the expiry of six months from the date of alleged dispossession of the plaintiff. The defendant contended that he was in possession of the suit land as tenant of Dessai's family and that he had not dispossessed the plaintiff. The lower court found that on 10-6-1966 the plaintiff was dispossessed from the suit land and decreed the suit.

2. The only point on which the learned advocate for the revision petitioner argued is that the lower court had no jurisdiction to entertain the suit as the revision petitioner had contended that he was in possession of the suit land as tenant and as per Tenancy Act civil courts cannot decide the question of tenancy. Decisions in

Click Here to Read the rest of this document