Rajamannar, C.J.-This appeal against the judgment of Rajagopalan, J. arises in the following circumstances: The contesting respondent (Respondent No.2), the landlord, filed an application on 21st May, 1954 in the Revenue Court, Tanjore, under section 10 of Madras Act XIV of 1952 for eviction of the appellant on the ground that he had failed to pay the arrears of rent. The arrears, according to the landlord, amounted to 49 kalams and 6 measures of paddy and a sum of Rs.265 as cash rent for the punja, 18 kalams of blackgram, and the landlord’s share of the gingelly crop. The appellant pleaded in defence that the rent claimed was not fair rent and the yield was very poor and the paddy already delivered by him to the 2nd Respondent was sufficient in the circumstances. He denied liability to pay the cash rent, because most of the coconut trees in respect of which the rent was payable had been uprooted in the cyclone of 1952. During the pendency of the petition, the appellant applied to the Conciliation Officer to fix the fair rent. He, therefore, prayed for a postponement of the hearing of the eviction petition till the Conciliation Officer had fixed the fair rent. On 12th July, 1954, the Revenue Court issued a notice purporting to be under section 10(2)(c) as follows:

“Whereas it has been brought to the notice of this Court that you as tenant under Venugopala Odayar (Name of the landowner) have failed to pay the rent due, viz., 49 K.6M. paddy and 18K. blackgram and cash 265 (Here enter the quantity if in kind and the amount if in cash) for the agricultural year 1953-54, you are hereby called upon to tender to the landowner the said rent together with Rs.4 (four) being the costs of this proceeding within 30 days from the date of this notice failing which an order will be passed for your eviction.”

It appears from the Notes paper that after directing issue of the above notice the Revenue Court adjourned the petition to 13th August, 1954. The petition was further adjourned to 27th August, 1954. Meanwhile, on 31st July, 1954, the Conciliation Officer passed an order fixing the paddy rent due as 374 kalams. The result was that the no arrears were due in respect of paddy rent. There was some dispute as to whether the kist for fasli 1362-63 was paid by the landlord or the tenant. The Revenue Court found that the landlord had paid the kist for fasli 1362. On 28th September, 1954, the Revenue Court passed an order directing the eviction of the appellant. The material portion of this order runs as follows:-

“I heard the pleading and arguments of the counsel for both sides and as there were no witnesses to be examined on either side, I issued a 10(2)(c) notice on 12th July, 1954 for the arrears due. After the issue of 10(2)(c) notice the decision of the Conciliation Officer was received. According to this order, the counter petitioner need not pay paddy rent. As regards the blackgram and cash rent, the counter petitioner did not discharge the arrears till today. Today he filed a petition stating that he will pay the cash rent and the petitioner’s share of blackgram within a period of one month. The counter petitioner has already been given sufficient time. The time granted in the 10(2)(c) notice has already expired. He is therefore ordered to be evicted from the lease lands.”

The appellant thereupon filed an application to this Court under Article 226 of the Constitution for the issue of a Writ of certiorari or other proper writ or order or direction calling for the records and quashing the aforesaid order of eviction passed by the Revenue Court, Tanjore. The main ground on which the appellant attacked the order of the Revenue Court was that under section 10(2)(c) the Revenue Court, should, before passing an order for eviction, call upon the tenant by notice in the prescribed manner to tender to the landowner the rent in arrear together with the cost of the proceeding within thirty days of the date of the notice. This notice could be issued only

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