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1960 Supreme(Mad) 342

VENKATADRI, P.V.RAJAMANNAR
Mohamed Abubucker Lebbai – Appellant
Versus
The Zamindar of Ettayapuram Estate, Koilpatti, through his authorised agent Sri K. Raman Nair – Respondent


Advocates:
S. Mohankumaramangalam and S. Gopalaratnam, for Petitioner.

Rajamannar, C.J.-

This Civil Revision Petition arises out of an application made to the Revenue Divisional Officer, Sivakasi, by the two petitioners before us, Mohamed Abubucker and Sankaralingam Pillai, under sub-section (5) of section 4 of Act XXV of 1955 (The Madras Cultivating Tenants’ Protection Act), as amended by Act XV of 1956. The provision runs thus:

“Any cultivating tenant, who, after the commencement of this Act, has been evicted except under the provisions of sub-section (4) of section 3, shall be entitled to apply to the Revenue Divisional Officer within two months from the date of such eviction or within two months from the date of coming into force of the Madras Cultivating Tenants’ Protection (Amendment) Act, 1956, for the restoration to him of the possession of the lands from which he was evicted and to hold them with all the rights and subject to all the liabilities of a cultivating tenant. The provisions of sub-section (4) shall, so far as may be, apply to such an application.”

The petitioners alleged that they had taken the lands on lease from the first respondent till the end of Fasli 1365. The case came up once before this Court ; but it is not necessary to ref



























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