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1974 Supreme(Mad) 472

K.VEERASWAMI, NATARAJAN, SETHURAMAN
Arumugha Gounder – Appellant
Versus
Ardhanari Mudaliar – Respondent


Advocates:
S. Sethuraman, for Appellant; K. Sarvabhauman, for Respondent in L. P. A. 40 of 1971; S. Balasubramaniam, for

Judgement

VEERASWAMI, C.J. :- This reference raises an interesting question as to whether a tenant let into possession of land and incidental immovable property by a Receiver appointed by Court pending a suit would, be entitled to protection under the Tamil Nadu Cultivating Tenants Protection Act. The suit was brought by the tenant for an injunction, out of which the second appeal arises. The lease in his favour was in 1957 and it was to enure after renewal every year upto November 15, 1961. In that year, the Receiver was discharged, but the tenant continued to hold over and cultivate the land. When the true owner sought possession, the plaintiff brought the suit for a preventitive injunction from disturbance. His, ground was that he having been let into possession by the Receiver as a tenant, after expiry of the term of the lease he continued to be in possession and cultivated the land, and that as such he would be a cultivating tenant by operation of law and entitled to protection from dispossession under the Act.

2. For the appellant strong reliance was placed on Serang Abdul Khadir v. Rajagopala Pandrayar, (1956) 1 Mad LJ 34 which was concerned with a tenant under the Tanjore Pan














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