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1962 Supreme(Mad) 112

JAGADISAN
Kandaswamy Gounder – Appellant
Versus
K. P. Sivasubramania Iyer – Respondent


Advocates:
N. Natarajan and K. Ramachandran, for Petitioner.
S. Mohan, for Respondent.

Judgment:-

This is a Civil Revision Petition by a cultivating tenant as defined under Madras Act XXV of 1955, who has been directed to be evicted by the Assistant Collector, Dindigul, at the instance of his landlord.

The facts are quite simple. The petitioner is a lessee holding agricultural lands, under the respondent, the owner of the properties, agreeing to pay rent at a stipulated rate. It is not disputed that the petitioner has been the lessee for the past six years commencing from the year 1956. He failed to pay the rent and executed a promissory note Exhibit A-2 for a sum of Rs. 1,100 in favour of the respondent. He also executed another promissory note Exhibit A-3 for a sum of Rs. 450 for further arrears of rent due by him. The amounts covered by these two promissory notes represented arrears of rent due till the end of fasli year 1958-59. The petitioner failed to discharge these promissory notes, and, of course, did not pay any rent to the respondent The latter, therefore, filed an application for eviction in C.T.P.A. No. 28 of 196o on the file of the Assistant Collector, Dindigul, charging the petitioner with default in the matter of payment of rent. The respondent claimed








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