LAWS(SC)-1992-11-37

THIRUMATHI JAYAM Vs. THIRU A M MOHAMMAD SABAIR

Decided On November 17, 1992
Thirumathi Jayam Appellant
V/S
Thiru A M Mohammad Sabair Respondents

JUDGEMENT

(1.) S. 3 (1) and 3 (2) (b) of the T. N. Cultivating Tenants Protection Act, 1955 (the Act) are as under:

(2.) We have heard learned counsel for the appellants. We are of the view that the High Court was not justified in reversing the findings of the courts below. There was no material before the High Court to the effect that the two crops were not raised on the land due to fault of the tenants. The courts below found as a fact that the second crop could not be raised due to non-availability of water. Even otherwise, we are of the view that not to raise two crops in a double crop land by itself cannot be held to be destructive and injurious to the land within the mischief of Section 3 (2 (b) of the Act. We allow the appeal, set aside the judgment of the High Court and restore the orders of the Revenue Courts. There shall be no order as to costs.