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1966 Supreme(SC) 41

R.S.BACHAWAT, K.SUBBA RAO, M.HIDAYATULLAH
S. Rama Iyer – Appellant
Versus
Sundaresa Ponnapoondar – Respondent


Advocates:
R.Ganapathy Iyer, R.THIAGARAJAN

Judgement

BACHAWAT, J.: On April 24, 1958, the respondent claiming to be the cultivating tenant of the appellant in respect of certain lands in Manapparavai Vattam, Nannilam Taluk deposited Rs. 462 as rent for 1367 fasli in the Revenue Court (the Court of the Revenue Divisional Officer), Tanjore under S. 3 (3) of the Madras Cultivating Tenants Protection Act, 1955 (Madras Act No. 25 of 1955) and filed an application before the Court praying for a declaration that the amount deposited represented the correct amount of rent due from him. The appellant denied that the respondent was his cultivating tenant. On July 31, 1958, the Revenue Court, Tanjore held that the respondent was not a cultivating tenant of the appellant and could not claim the benefit of S. 3 (3) and dismissed the application. The respondent filed a petition in revision before the Madras High Court under S. 6-B of the Ac read with S. 115 of the Code of Civil Procedure. The High Court came to the conclusion that the respondent was a cultivating tenant of the appellant and by its order, dated March 27, 1959, allowed the revision petition and declared that the amount deposited by the respondent represented the correct amo
















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