This Civil Revision Petition raises a question of law of general importance. The question is whether a finding of the Revenue Divisional Officer functioning under the Madras Cultivating Tenants’ Potection Act, Madras Act (XXV of 1955) that the cultivating tenant is not in arrears of rent in an application filed by the landlord for evicting him can bar a civil suit filed by the landlord for recovery of such arrears, of rent.

The petitioner in the revision petition leased out his properties to the deceased father of the first respondent and the second respondent under a lease deed, dated 5th September, 1954, for the fasli year 1364. The rent fixed under the lease deed was 158 kalams of paddy. The petitioner claimed that the lessees were in arrears of rent to the extent of 18 Kalams for that fasli year. For the subsequent fasli, 1365 a fresh lease deed was executed by respondents 1 and 2 in favour of the petitioner on 25th January, 1956, agreeing to measure 176 kalams of paddy as rent. According to the petitioner the respondents were in arrears in respect of the fasli year to the extent of 20 Kalams of paddy. The petitioner filed S.C.S. No. 726 of 1956 on the file of the