A.D.KOSHAL, D.A.DESAI, R.B.MISRA
Chinnamarkathian Alias Muthu Gounder: Chinna Gounder: Raja Gounder – Appellant
Versus
Ayyavoo Alias Periana Gounder – Respondent
JUDGMENT
DESAI, J.:— Respondents in each of these appeals are the landlords of the land more particularly described in the three different petitions filed by them in the Court of the Revenue Divisional Officer, Namakkal in Tamil Nadu State seeking to evict tenants of different parcels of land on the allegation that the concerned tenants were in arrears of rent for the years 1958-59, 1959-60 and 1960-61. The tenants who are appellants in these three appeals appeared in the respective petitions and contested the same on diverse grounds but the only one now surviving at this stage is; whether in view of the language employed in Ss. 3, 4 (a) and (b) of the Madras (now Tamil Nadu) Cultivating Tenants Protection Act 1955 (Act for short), the Revenue Divisional Officer erred in passing a composite order for payment of rent found to be in arrears within the time prescribed by him and on default, without any further proceedings directing eviction of the tenants.
2. The respondents purchased the cultivated by the tenants in each of the petitions under sale deeds Ext. P-6 dated January 22, 1960 and Ext. P-7 dated March 9, 1960, from the erstwhile owner of the land one Nachayammal. Subsequently
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