JUDGMENT: The appeal arises out of O.S. No.142 of 1986 filed by the respondents herein against the appellant for a permanent injunction restraining the appellant from bringing the suit property to public auction on 23.10.1986, or on any other date and from interfering with their possession in respect of the suit properties. The respondents based their right to such a relief claiming that they were cultivating tenants in respect of the suit properties. C.R.P. No.2278 of 1994 arises against the order of the Revenue Court, Madurai in P.T. No.284 of 1999 granting the respondents herein permission to deposit the current rent and arrears of rents under Tamil Nadu Cultivating Tenant’s Arrears of Rent Relief Act 38 of 1990 (Act 38 of 1990 in short). The decision in both the matters will largely depend upon whether the respondents are entitled to any protection as cultivating tenants. The appeal is taken up first.

2. The averments in the plaint are as follows: The suit properties are topes. One Gurusamy Raja (G.R. in short) was in possession and enjoyment of the suit properties as a cultivating tenant under a registered lease deed dated 29.5.1957. The respondents are his legal heirs. Under t

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