Judgement

MUDHOLKAR, J. : This is an appeal against an order passed by the High Court of Madras dismissing a petition for revision under S. 115 of the Code of Civil Procedure. In the revision application the appellant had challenged the order of the Sub-Collector, Cheranmahadevi, by virtue of which the respondents were permitted to deposit the arrears of rent due in respect of a holding of which one Kanda Devan was a tenant. The aforesaid order was made under S. 3 (3) (a) of the Madras Cultivating Tenants Protection Act, 1955.

2. It is common ground that this Act which was originally to remain in force for a period of three years is still in force by virtue of the provisions of amending Acts passed extending its duration from time to time. The expression "cultivating tenant" is defined thus in S. 2 (a) of the Act :

" cultivating tenant in relation to any land means a person who carries on personal cultivation on such land and, under a tenancy agreement, express or implied, and includes -

(i) any such person who continues in possession of the land after the determination of the tenancy agreement, and

(ii) the heirs of such person, but does not include a mere intermediary or his heirs."