1976 Supreme(Mad) 29
S.SURYAMURTHY, K.VEERASWAMI
Muniyandi – Appellant
Versus
Rajangam Iyer – Respondent
V. Somasundaram, for Appellant. K. Sarvabhauman, for Respondent.
T.N.C. Srinivasavaradachari representing the Bar Association.
T.L. Ram Mohan, representing the Advocates Association.
Order.- The appellant before me challenges an order of remand. The appellant claims that he is a cultivating tenant entitled to the protection of Act XXV of 1955. The first appellate Court which remanded the suit for fresh trial has directed the trial Court to go into this question and give its finding. The contention on behalf of the appellant is that in view of the provisions contained in the Tamil Nadu Act X of 1969, the civil Court has no jurisdiction to go into the question whether a particular party is a cultivating tenant or not and that that question can be decided only by the hierarchy of officers appointed under the abovesaid Act. It is also contended that the Record Officer under the said Act has already entered the appellant as a cultivating tenant in the record concerned, that that order has been confirmed even by the revisional authority under the said Act and that therefore, the civil Court has to accept the position that the appellant is a cultivating tenant.
2. On behalf of the respondent-landlord, the contention is that under the provisions of the said Act, the Record Officer is only to prepare a register giving the name or names of the cultivating tenants, that th
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