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2020 Supreme(Mad) 1846
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.S. SUNDAR, J.
Anjalai – Appellant
Versus
K. Komagam – Respondent
C.R.P. (PD) (MD) Nos. 889 & 890 of 2019 & C.M.P. (MD) No. 5173 of 2019
Decided on : 21-09-2020
Advocate Appeared:
For the Appellant :M. Saravanan, Advocate.
For the Respondent:C. Vakeeswaran, Advocate.
The discretionary power of the Revenue Court in allowing or denying time for rent payment in eviction cases under the Tamil Nadu Cultivating Tenants Protection Act 1955.
Headnote:
Tamil Nadu Cultivating Tenants Protection Act 1955 - Eviction - Section 3(4)(b) - Summary
Fact of the Case:
The landlord filed a petition for eviction of the cultivating tenant due to non-payment of rent for several years. The tenant failed to pay the rent despite repeated demands, leading to the eviction order by the Revenue Court.
Finding of the Court:
The court found that the tenant had committed willful default in paying rent for over ten years and upheld the eviction order, citing the discretionary power of the Revenue Court to allow or deny time for rent payment.
Issues: The main issue was the tenant's non-payment of rent and the jurisdiction of the Revenue Court to pass an eviction order.
Ratio Decidendi: The court relied on the Tamil Nadu Cultivating Tenants Protection Act 1955 and the discretionary power of the Revenue Court to decide on eviction based on rent payment default.
Final Decision: The court dismissed the revision petitions and confirmed the eviction order by the Revenue Court.
JUDGMENT :
(Prayer : in C.R.P(MD)No.889 of 2019: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the order, dated 05.12.2018 passed in Miscellaneous Petition No.140 of 2018 (Trichy) in Petition No.147 of 2013 on the file of the Revenue Court (Special Deputy Collector), Tiruchirapalli.
C.R.P(MD)No.890 of 2019: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the order, dated 11.02.2019 passed in Petition No.147 of 2013 on the file of the Revenue Court (Special Deputy Collector), Tiruchirapalli.)
1. These Civil Revision Petitions are filed by the cultivating tenant as against the order in Miscellaneous Petition No.140 of 2018 in Petition No.147 of 2013, dated 05.12.2018 and against the order passed in Petition No.147 of 2013, dated 11.02.2019, on the file of the Revenue Court (Special Deputy Collector), Tiruchirapalli.
2. Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondent.
3. Brief facts that are necessary for the disposal of these Civil Revision Petitions are as follows:
4. The respondent herein is the landlord and the revision petitioner is a cultivating tenant. It is stated that an extent of five acres of land in Thamalavayarupamayam Village, Tiruchirapalli District was leased out to the revision petitioner by the respondent/landlord. It is admitted that the revision petitioner has been doing paddy cultivation in the agricultural land leased out to her. The landlord submitted that the rent for the period of three years (i.e., from 2010 to 2013) payable by the revision petitioner to the respondent was 240 bags of paddy, which is equivalent to a sum of Rs.2,40,000/- and that the revision petitioner failed to pay the arrears of rent due to the respondent, despite repeated demands. Hence, the respondent/landlord filed a petition before the Revenue Court, Tiruchirapalli in Petition No.147 of 2013 to order eviction of revision petitioner from the lands by putting the respondent herein in possession of the lands.
5. Though the proceedings before the Revenue Court is summary in nature, the revision petitioner took enormous time and the matter was dragged on and came before this Court earlier in C.R.P.(MD)Nos.1323 and 1324 of 2017 at the instance of tenant to issue direction to the Revenue Court to number the reopen and recall petition and give sufficient opportunity to the parties. Thereafter, the respondent/landlord filed a petition in I.A.No.140 of 2018 in P.No.147 of 2013 to amend the Old Survey Number to New Survey Number and to modify the extent from 12 Acres 28 cents to 11 Acres 40 cents. The said petition for amendment was allowed on 05.12.2018. As against the order allowing the petition for amendment, C.R.P.(MD)No.889 of 2019 is filed.
6. The respondent/landlord filed a petition in I.A.No.1 of 2019 in P.No.147 of 2013 to direct the tenant to pay the arrears of rent and to pass an order to evict the revision petitioner from the lands, in case, the revision petitioner fails to pay the amount within the time stipulated by the Revenue Court. By order, dated 04.02.2019, the Revenue Court determined the quantum and directed the revision petitioner to pay 50% of the arrears payable towards the rent from 2010 to 2013 within one week. It is indicated in the said order that the main petition in P.No.147 of 2013 would be allowed, in case, the revision petitioner fails to pay the rent arrears within the time stipulated. On 11.02.2018, the Revenue Court found that the revision petitioner had not complied with the conditional order. Hence, the Revenue Court passed an order allowing the petition in P.No.147 of 2013. The Revenue Court in its order, dated 11.02.2019, found that the revision petitioner/tenant failed to pay 50% arrears, as directed earlier by the Revenue Court and that therefore, the revision petitioner is liable to be evicted from the lands, as she has not deposited the rent, even though the petit
