The inclusive definition of 'cultivating tenant' in Section 2(aa) of the Tamil Nadu Cultivating Tenants Protection Act, 1955, includes a person who continues in possession of the land after the determination of the tenancy agreement, including tenants inducted by a usufructuary mortgagee.

VEERASWAMI, C.J. :- The Letters Patent Appeal is posted before a Full Bench, because Kailasam, J. and Mahajan, J., differed on the question whether the tenants under a usufructuary mortgagee are entitled, after redemption of the usufructuary mortgage, to claim protection under the Tamil Nadu Cultivating Tenants Protection Act, 1955, as against the mortgagor. The usufructuary mortgage was created on 2-3-1924. Respondents 1 and 2 were inducted into the land by the usufructuary mortgagee in 1957 as tenants. On 19-6-1964, the mortgage was redeemed. The mortgagor-owner brought the, suit for possession and mesne profits. The first two Courts agreed in decreeing the suit. But in second appeal Ramanujam, J., reversed the decree relying on Prabhu v. Ramdeo, AIR 1966 SC 1721, and dismissed the suit. But he granted leave. In the Letters Patent Appeal Kailasam, J. took the view that the respondents were not entitled to the statutory protection, while Maharajan, J., took the opposite view.

2. The Tamil Nadu Cultivating Tenants Protection Act, 1955, was enacted for the protection from eviction of cultivating tenants in certain areas in the State of Madras. It provided for statutory protection, eviction on certain grounds, right of tenant to restoration of possession in certain events and right of landlord to resume for personal cultivation. 'Cultivating tenant' is defined by S. 2 (aa) in relation to any land as a person who carries on personal cultivation on such land under a tenancy agreement, express or implied. The definition also includes "any such person as is referred to in sub-clause (1) who continues in possession of the land after the determination of the tenancy agreement". By Act IX of 1969, an amendment was introduced bringing within the scope of definition of 'cultivating tenant' a sub-tenant as well. This was done in view of certain earlier decisions of this Court as for instance Ganapati v. Ayyakannu, ILR (1961) Mad 452. A landlord is defined by the section in relation to a holding or part thereof as a person entitled to evict the cultivating tenant from such holding or Part. 'Holding' under Section 2 (a) means a parcel or parcels of land held by a cultivating tenant. 'Land' as defined means land used for the purpose of agriculture or horticulture and it includes certain things with which we are not concerned in this case. A person is said to carry on personal cultivation on a land when he contributes his own physical labour or that of the members of his family in the cultivation of the land. The term 'cultivating tenant' would extend also to his heirs but not to a mere intermediary or his heirs. The protection of a cultivating tenant is afforded by means of Section 3 which is -

"(1) Subject to the next succeeding sub-section, no cultivating tenant shall be evicted from his holding or any part thereof, by or at the instance of the landlord, whether in execution of a decree or order of a Court or otherwise."

Clauses (aa) to (d) in sub-section (2) of the section deal with the grounds for eviction. Clause (aa) is not apposite in this case. Clause (b) makes negligence, which is destructive of or injurious to the land or any crop thereon, a ground for eviction. If the cultivating tenant has altogether ceased to cultivate the land, that will also furnish a basis for eviction. Clause (c) would enable a landlord to to evict a cultivating tenant, if he had used the land for any purpose not being agricultural or horticultural purpose. The next clause (d) deals with another ground for eviction, namely, wilful denial of the title of the landlord to the land. These are the relevant provisions in the light of which we have to answer the question set out at the outset.

3. It is noteworthy that the first part of the definition of 'cultivating tenant' envisages a tenancy agreement, express or implied. The agreement is sine qua non to bring about a tenancy. But, in order to make the tenant a cultivating tenant, a further requisite is that