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R. SUBRAMANIAN, L. VICTORIA GOWRI
S. Kulanthai (Deceased) – Appellant
Versus
Ragina Jeyapaul – Respondent
JUDGMENT :
R.Subramanian, J.
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 22.02.2023 in WP (MD) No.14946 of 2014.
Challenge in this Appeal is to the order of the Writ Court allowing the Writ Petition filed by the first respondent seeking to quash the proceedings of the District Revenue Officer, Madurai dated 18.06.2014.
2. In and by the said order dated 18.06.2014, the District Revenue Officer, Madurai had affirmed the orders of the Revenue Court, Madurai dated 04.07.2013, which in turn affirm the orders of the Tahsildar, Madurai North, dated 20.04.2007 recording respondents 1 to 4 in the Revision as tenants in respect of a land measuring about 1 acre 38 cents in Survey No.173/1B and 174 of Tallakulam Village, Madurai North Taluk, Madurai District.
3. The brief facts that led to the proceedings before the Authorities under the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969 (Act 10 of 1969) are as follows:
One Santhanam, son of Rayappan was a cultivating tenant in respect of the said lands under the third respondent herein and his name was also recorded as a tenant under Act 10 of 1969. Claiming that the said Santhanam, ha
Cultivating tenancies under Tamil Nadu law are not transferable, and a tenant must contribute physical labor to qualify as a statutory tenant.
The Appellate Authority's decisions based on presumed fraud, without substantial evidence, are unsustainable; prior tenancy records must be challenged through established procedures.
The ownership certificate under Section 38-E of the Hyderabad Tenancy Act, 1950 is a formal declaration of ownership conferred on the protected tenant by virtue of the statutory provisions, and the i....
The court affirmed that the protected tenant's rights under the Tenancy Act cannot be overridden by private agreements or settlements that do not comply with statutory requirements.
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