Order of reference to Full Bench (GOVINDA MENON and BASHEER AHMED SAYEED, JJ.) (Delivered by GOVINDA MENON, J.) (9-10-1952) :

The most important question involved in these civil revision petitions, viz., the applicability of Sub-S. 3 of S. 189 of the Madras Estates Land Act as to how far the decisions of Revenue Courts are binding on the civil courts has been the subject of conflict of views in this court. In - Apparao v. Venkataraju, AIR 1920 Mad 558 (A) a Bench consisting of Mr. Justice Sadasiva Aiyar and Mr. Justice Spencer have held that S. 189(3) of the Madras Estates Land Act does not constitute the decision of the Revenue court on an issue regarding occupancy rights arising incidentally in a suit to enforce the acceptance of pattas which are exclusively cognisable by such courts, res judicata in a subsequent suit in a civil court instituted by the landlord for ejectment of the tenant.

At p. 560 Sadasiva Aiyar, J. observed as follows :

"I have carefully considered the several relevant sections of the Estates Land Act (Ss. 40, 51, 57, 153, 163 and 213 besides the section directly in question, viz., 189) and have come to the conclusion that S. 189(3) was not intended to