M. M. ISMAIL, C.J.:- These two civil revision petitions, whose facts are similar, have come up before us on a reference made by Natarajan, J., in view of the conflict between the decision of Gokulakrishnan, J. in Mahalinga Voikkaran v. Sellathammal, ((1972) 2 Mad LJ 17) and that of Mohan, J. in Sivasankara Devarayar v. Prakash (C.R.P.Nos. 991 and 992 of 1979 order dated 29th June, 1979). The petitioners in each of these cases are cultivating tenants against whom orders of eviction have been passed by the Authorised Officer consequent on their failure to deposit the arrears of rent as ordered to be paid by them within the stipulated time. C.R.P. No. 2113 of 1979 arises out of C.T.P. No. 44 of 1978 on the file of the Authorised Officer, Erode, while C.R.P. No. 2142 of 1979 arises out of C.T.P. No. 43 of 1978 on the file of the same Officer.

2. The respondent in C.R.P. No. 2113 of 1979, who is the landlord, filed the petition for eviction of the petitioners under Section 3 (4) (a) of the Tamil Nadu Cultivating Tenants Protection Act, 1955 (hereinafter referred to as the Act), on the ground that they had committed wilful default in the payment of rent for the years 1976-77 and