Right of landlord to resume possession of land.

Arumugavelu Thayammal and Sundaravalli Ponnu Thayammal are the landladies and the petitioners in C.R.P. No. 1584 of 1959. They filed C.T.P.A. No. 62 of 1958 before the Sub-Collector, Dindigul, for evicting the respondent-tenant under section 4-A of the Madras Cultivating Tenants Protection Act, 1955, as amended by Act (XIV of 1956). On 7th July, 1953, the tenant entered into an agreement of lease in respect of 11 acres and 63 cents with the mother of the present petitioners for a term of three years on a rent of 191 kalams 6f arisamba paddy and 120 bundles of hay. After the death of the mother of the petitioners, the petitioners as heirs became entitled to the land. They sold 2 acres out of 11 acres, 63 cents to one Sakkayasami Poodham Pullava Naicker on 4th June, 1958. The purchaser is the petitioner in C.T.P.A. No. 63 of 1958 and the petitioner in C.R.P. No. 1588 of 1959.

In both the petitions the petitioners prayed for permission to resume one-half of the extent of lands leased to the respondent for personal cultivation. The Revenue Court permitted the respondent under section 4-A (3) of the Act to continue in possession of the entire extent leased on payment of rent at the rate which was payable before 27th September, 1955. Aggrieved by the order the two petitioners have preferred these two revision petitions.

The question for consideration in these revision petitions is whether the landlords’ right to resume possession of an extent of land either as owner or as tenant or as both to make up an extent of 5 acres of land under section 4-A (4) of the Act is subject to the right of the tenant under section 4-A (3) to continue in possession on payment of rent at the rate payable before 27th September, 1955.

Section 4-A runs as follows:-

"Notwithstanding anything contained in any other provision of this Act, a landlord shall be entitled to resume from any cultivating tenant possession for purposes of personal cultivation of lands not exceeding one-half of the extent of lands leased out to the cultivating tenant."

Section 4-A (2) is procedural and provides for the Revenue Divisional Officer holding a summary enquiry and for passing an order directing the cultivating tenant to put the landlord in possession or dismissing the application.

Section 4-A (3) and (4) runs as follows:-

"(3) Any cultivating tenant from whom any land is sought to be resumed by the landlord for purposes of personal cultivation, may offer to pay to the landlord in respect of the extent of the land which the landlord is entitled to resume for personal cultivation the rent at the rate which was payable to him before the 27th September, 1955 and the Revenue Divisional Officer shall thereupon pass an order permitting him to continue in possession on payment of such rent. The cultivating tenant shall, as long as he continues to cultivate that land be bound to pay rent accordingly."

"(4) Nothing in sub-section (1) shall be deemed to entitle any landlord to resume possession if, on the day the Madras Cultivating Tenants Protection (Amendment) Act, 1956, comes into force, he owns land exceeding 13 1/3 acres of wet land or he has been assessed to any sales tax, profession tax or income-tax under the laws relating to the levy of such taxes during 1954-55 or 1955-56 nor shall sub-section (1) be deemed to confer on the landlord a right to resume possession of a greater extent, than that which along with the extent he is already in possession of either as owner or as tenant or as both would make up an extent of five acreas of wet land".

It may be observed that section 4-A confers an absolute right to the landlord to resume possession for personal cultivation of lands not exceeding one-half of the lands leased to the cultivating tenant. Though the sub-section starts with the words "notwithstanding anything contained in any other provision of this Act" it will have to be read along with the other provisions of the Act so as to avoid conflict. Section 4-A (4) specifically pr