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1994 Supreme(Mad) 356

BELLIE
K. S. A. Subramania Chettiar – Appellant
Versus
Senthilkumar (minor) – Respondent


Advocates Appeared:
For the Petitioner:T. Chandrasekaran, Advocate.
For the Respondents:K. Chandrasekaran for B. Kumar & R. Loganathan, Advocates.

Judgment :-

1. This Civil Revision Petition is filed against an order passed by the Revenue Court, Lalgudi, allowing a petition filed under S. 7 of the Tamil Nadu Cultivating Tenants (Protection from Eviction) Act No. 41 of 1989.

2. It appears one Periasamy was the tenant under the revision petitioner landlord. The eviction petition was filed against him, and a decree was passed on the ground of arrears of rent, and in pursuance of that he was evicted on 23.4.1988. Subsequently he died on 3.5.1988. Thereafter his heirs who are minors have filed the application under S. 7 of the Act 41 of 1989. According to them they have already deposited the arrears in R.A. No. 1588 of 1990.

3. It is true that the arrears have been deposited upon an order passed permitting to deposit in R.A. No. 1588 of 1990. But it appears the landlord has filed an application for setting aside that order and that petition is still pending.

4. Now, the question that is raised in the Civil Revision Petition by the revision petitioner is that the petitioners who are minors cannot contend that they are the cultivating tenants and therefore the petition by them is incompetent. On a careful consideration I find that th





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