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1981 Supreme(Mad) 255

V.RAMASWAMI, SWAMIKKANNU
Krishnan – Appellant
Versus
Krishnamurthi – Respondent


Advocates:
R. Balachandar, for Petitioners.

Judgement

V. RAMASWAMI, J.:- The question that arises for consideration in this civil revision petition is whether a civil Court has jurisdiction under S.151 C.P.C., to stay a suit, or proceeding involving a decision as to whether a particular person is a cultivating tenant or not, pending before it, on the ground that the tenant had applied for registration of his tenancy under the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, (Act 10 of 1969) even if it is satified that such stay of the proceedings may be necessary for the ends of justice or to prevent the abuse of process of the court. The civil revision petition came up for hearing before Sengottuvelan, J. who referred this matter for a consideration by the Division Bench in view of the importance of the matter and also on the ground that the decision of Sathiadev, J. in C.R.P. No.3084 of 1978, Thangavelu v. Kamalanathan, is in conflict with the decision of Suryamurthy, J. in Rayappan v. Patheeswaraswami Devasthanam, reported in (1978) 91 Mad LW 459.

2. The petitioners herein filed O.S. No.8 of 1979 on the file of the Subordinate Judge, Mayuram, for recovery of possession of the plaint schedule properties. They ente









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