The respondents in the civil revision petition are cultivating 1 acre 92 cents in S.F.No.24/ 2 of Nachikurichi village belonging to the revision petitioner. The latter instituted O.S.No.362 of 1988 in the Court of Sub Judge of Trichy for recovery for a sum of Rs.23,068 due to her by way of arrears of rent. During the pendency of the suit the respondents filed I.A.No.1.33 of 1992 under Sec.5(2) or under Sec.7(2), of Tamil Nadu Act 38 of 1990 seeking to deposit the arrears of rent with prayer to dismiss the suit. The revision petitioner resisted that application contending that since the respondents have raised plantain crops without her prior consent, she has filed the suit for damages only.

There was no privity of contract between them for raising plantain crops. Simply because they have filed an application under Act 38 of 1990, before the Revenue Court, they cannot be absolved of their liability to pay the suit amount. The deposit before the Revenue Court was received only without prejudice to the suit claim by the plaintiff and so the suit cannot be dismissed for the reason set out in the application. Learned Sub Judge held that the suit was liable to be dismissed and