Judges : PADMANABHAN
AYYAPPAN - Appellant
Versus
NARAYANAN NAMBOODIRI - Respondent
Case No : C.R.P. No. 2675 of 1985
Decided On : 12/16/1987
Advocates Appeared :
T.P. Mathai; For Petitioner S. Ananthasubramanian; Government Pleader; For Respondents
Land Tribunal - Resumption of Land - S.22(2), R.11(2) of Tenancy Rules - The court discussed the provisions of S.22(2) and R.11(2) of the Tenancy Rules, emphasizing the statutory period of 30 days for payment and the limitations on extending the time for deposit. The court highlighted the consequences of default in depositing the amount and the impact on the rights of the landlord and tenant. It emphasized the need for rules to be in conformity with the provisions of the Act and the co-existence of special and general provisions.
Fact of the Case:
The Land Tribunal ordered resumption of land from a tenant and fixed a statutory period of 30 days for payment. The landlord failed to deposit the amount within the prescribed period, and no extension of time was sought or granted. The court discussed the consequences of default in depositing the amount, the filing of an appeal by the tenant, and the subsequent execution petition.
Finding of the Court:
The court found that the order for resumption became non-est and in-executable due to the landlord's failure to deposit the amount within the statutory period. It also highlighted the lack of jurisdiction of the Land Tribunal to extend the time for deposit and the violation of principles of natural justice in the execution process.
Issues: The issues involved the interpretation of provisions related to the time for deposit, the consequences of default, and the jurisdiction of the Land Tribunal to extend the time. The court also addressed the impact of the appeal, the execution petition, and the principles of natural justice.
Ratio Decidendi: The court held that the power to extend time for deposit must be sought and exercised before the prescribed period, and the consequences of default in depositing the amount take effect automatically by operation of law. It emphasized the need for rules to be in conformity with the provisions of the Act and the lack of jurisdiction of the Land Tribunal to extend time without due consideration.
Final Decision: The Civil Revision Petition was allowed, and the orders of the Land Tribunal and Appellate Authority, as well as the delivery effected by the Land Tribunal, were quashed. The order for resumption stood cancelled, and the respondents were not entitled to get delivery. The revision petitioner was entitled to restitution, and the Land Tribunal was directed to re-deliver the property to the revision petitioner. Respondents 1 and 2 were ordered to pay the costs of the revision petitioner.
1. While ordering resumption of land from a tenant. the Land Tribunal is bound to direct the applicant to make payments to extinguish the rights of the cultivating tenant and the intermediaries. if any. who would be affected by such resumption. Under S.22(2). the direction should be to make the payment within such time and in such manner as may be prescribed. Prescribed means prescribed under the rules. Prescribed period under R.11(2) of the Tenancy Rules is 30 days from the date of the order. The jurisdiction of (be Land Tribunal under S.22(2) is therefore to direct in the resumption order to make the payment within a time which could only be within 30 days. When once the time is so fixed sub-section (3) authorises the Court to extend the time for sufficient reasons. What is provided under R.130 of the Tenancy Rules is only a general provision just like S.148 of the Civil Procedure Code authorising the authorities under the Land Reforms Act to extend the period fixed or granted by them for the doing of any act prescribed or allowed by the Rules. Such general power is available even after the period originally fixed or granted may have expired. The question is whether that power under the general provision in R.130 to extend time even though the period originally fixed or granted may have expired is available under S.20(3). The answer must be a definite 'no' because of S.20(8) which says that when the landlord fails to deposit the amount in accordance with the directions of the Land Tribunal. the order of resumption shall not only be treated as cancelled. but the landlord shall have no further right for resumption also.
2. In this case. the time fixed in the resumption order dated 30-6-1978 for payment was exactly the statutory period of 30 days provided in R.11 (2). The deposit was not made within that period and no extension of time was asked for or granted on or before the expiry of that date. Just like S.148 of the Civil Procedure Code. R.130 of the Tenancy Rules also does not authorise extension of time fixed by the Act or Rules after the expiry of the period. Extension of time even after the expiry of the original period contemplated in R.130 is only regarding time fixed by the Land Tribunal. Such powers are necessary for Courts or Tribunals in doing justice or to implement orders in given cases. That is only a general provision which must be subject and subservient to the special provisions contained in the Act. Even otherwise the Rules must be in conformity with the provisions of the Act and cannot be in derogation of it or in conflict with it. Any rule which is inconsistent with the provisions of the Act cannot prevail over the Act in spite of its statutory force and to the extent of the inconsistency or repugnancy it must be invalid. Rules are made under the provisions of the Act for carrying out its objects and purposes by implementation and hence must be within the four walls of the statutory provisions. Further a general provision intended to meet general contingencies must always yield to special provisions made to meet particular contingencies. The power to extend time under S.20(3) could have operation only subject to S.20(8) and the general provision contained in R.130 cannot enlarge the scope of the power under S.20(3).
3. S.20(8) provides for the consequences of default in depositing the amount in accordance with the direction of the Land Tribunal. On failure to deposit the consequences take effect automatically by operation of law without any further order. By legal fiction the order for resumption is then treated as automatically cancelled resulting in the further penal consequence of the landlord being disabled to have any further right of resumption. By operation of law the order thus becomes non-est and completely erased as if no such order was passed. The effect is to confer an indefeasible benefit to the tenant by giving him the vested right of immunity from further resumption and impose a p
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