Late payment of lease rent is a valid ground for eviction under Section 3 of the Tamil Nadu Cultivating Tenants Protection Act, 1955.

JUDGMENT :

Ahsanuddin Amanullah, J.

Heard learned counsel for the parties.

2. Leave granted.

3. The present appeal is directed against the Final Judgment and Order dated 25.04.2022 (hereinafter referred to as the “Impugned Judgment”) in Civil Revision Petition (NPD) (MD) No. 271 of 2022 (hereinafter referred to as the “Civil Revision Petition”), passed by a learned Single Bench of the Madras High Court Bench at Madurai (hereinafter referred to as the “High Court”). The High Court dismissed the Civil Revision Petition filed by the appellants taking recourse to Article 227 of the Constitution of India (hereinafter referred to as the “Constitution”).

THE FACTUAL PRISM:

4. The respondent No.1 had filed T.C.T.P. No. 5 of 2015 before the Revenue Court, Madurai (hereinafter referred to as the “Revenue Court”), on 08.12.2014, against the appellants seeking their eviction on account of not having paid the lease rent for Fasli 1419 to Fasli 1424 (corresponding to the years 2009 to 2014) @ 10½ bags of paddy each weighing 65kgs.

5. On 04.02.2019 in I.A. No. 29 of 2015 in T.C.T.P. No. 5 of 2015, the Special Deputy Collector, Revenue Court, ordered the appellants to pay lease rent of 31½ bags of paddy or the amount equivalent to it, to the respondents, within two months from the receipt of the Order, failing which eviction proceedings would be initiated against the appellants. It would be relevant to note that the said Order was concerned with the lease rent(s) for Fasli(s) 1421, 1423 and 1424. Though legal notices between the parties were exchanged thereafter, but the lease amount is said to have been finally deposited by the appellants on 18.02.2021. A Memo dated 22.02.2021 was filed in the Revenue Court.

6. The respondent no.1 then filed I.A. No. 15 of 2021 in T.C.T.P. No. 5 of 2015 before the Revenue Court, seeking eviction of the appellants as they had failed to deliver the 31½ bags of paddy, or the amount equivalent, towards lease rent, which was allowed vide Order dated 03.12.2021, on the ground that the appellants did not deposit the lease rent amount within two months.

7. The appellants challenged the Order dated 03.12.2021 by way of Civil Revision Petition (NPD) No. 271 of 2022 at the Madurai Bench of the Madras High Court. The same was dismissed by the Impugned Judgement, confirming the Order dated 03.12.2021 passed by the Special Deputy Collector, Revenue Court, in I.A. No. 15 of 2021 in T.C.T.P. No. 5 of 2015, thus giving rise to the present appeal. We deem it apposite to extract the short order hereunder in toto:

“To set aside the order the order passed by the Special Sub Collector, Revenue Court, Madurai in I.A.No.15 of 2021 in T.C.T.P.No.5 of 2015 dated 03.12.2021, the revision petitioners have filed this Civil Revision Petition before this Court.

2. Heard the learned counsel appearing for both sides and perused the materials available on record.

3. As per order dated 04.02.2019, in I.A. No.29 of 2015 in T.C.T.P.No.5 of 2015, the Revenue Court, Madurai has directed the revision petitioners to deposit the lease amount for three Faslis viz., 1421, 1423 and 1424, within two months, from the date of receipt of a copy of the order. The revision petitioners had received the order copy on 10.10.2020. So, the revision petitioners have to pay the lease amount within trhee months from 10.10.2020, but they had deposited lease amopunt only on 18.02.2021, ie., beyond the time limit. The revision petitioners have stated that they have issued notice to the respondent, but they have not deposited the lease amount within three months from the date of receiving the order copy. Hence, on that basis the Revenue Court has rightly directed the revision petitioners to vacate the land. This Court finds no valid reason to allow this revision petition.

4. Accordingly, this Civil Revision Petition stands dismissed and order passed by the Special Sub Collector, Revenue Court, Madurai in I.A. No.15 of 2021 in T.C.T.P.No.5 of 2015 dated 03.12.2021 is hereby confirmed