G ANNAMALAI PILLAI Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) The short question for consideration in this appeal is whether lease-deed in dispute, which was voidable in terms of Section 8(3) of the Hindu Minority and Guardianship Act, 1956 (the Act) when validly avoided, was effective from the date of the lease-deed so as to make the transaction void and unenforceable from the very inception.

(2.) It is not disputed before us that the land in dispute was owned by Janarthanan respondent-5 before us. His father Purushothaman by a registered deed dated December 12, 1971 leased the land in dispute for a period of five years to G. Annamalai Pillai. On the date when the lease deed was executed Janarthanan was a minor, his date of birth being September 27, 1957. Claiming to be a cultivating tenant, on the basis of the lease deed, Annamalai Pillai filed an application before the Tehsildar under the provisions of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969 praying that he be registered as a tenant in the tenancy records. Janarthanan contested the said proceeding on the ground that the land was his property, his father had no right or title to deal with the same and the lease deed executed by his father was contrary to the provisions of Section 8 of the Act. He further contended that he had no knowledge of the execution of the lease deed by his father and on attaining majority he avoided the same on September 15, 1978. The Tehsildar held that there was no valid lease and as such he dismissed the application of Annamalai Pillai. On appeal the Revenue Divisional Officer reversed the findings of the Tehsildar and came to the conclusion that Annamalai Pillai was a contractual tenant and as such was entitled to be registered as a cultivating tenant. Janarthanan preferred a revision before the District Revenue Officer who set aside the order of the Appellate Authority and restored the order of the Tehsildar holding that the Annamalai Pillai was not a cultivating tenant. The writ petition and the writ appeal filed by Annamalai Pillai were dismissed by the Madras High Court. This appeal by way of special leave is against the judgment of the Division Bench of the High Court dated September 14, 1984: (reported in AIR 1985 Madras 357) rendered in writ appeal.

(3.) Sub-sections (2) and (3) of Section 8 of the Act which are relevant are reproduced hereunder: