S N SUDALAIMUTHU CHETTIAR Vs. PALANIYANDAVAN

JUDGEMENT

(1.) This is an appeal against an order passed by the High Court of Madras dismissing a petition for revision under S. 115 of the Code of Civil Procedure. In the revision application the appellant had challenged the order of the Sub-Collector, Cheranmahadevi, by virtue of which the respondents were permitted to deposit the arrears of rent due in respect of a holding of which one Kanda Devan was a tenant. The aforesaid order was made under S. 3 (3) (a) of the Madras Cultivating Tenants Protection Act, 1955.

(2.) It is common ground that this Act which was originally to remain in force for a period of three years is still in force by virtue of the provisions of amending Acts passed extending its duration from time to time. The expression "cultivating tenant" is defined thus in S. 2 (a) of the Act:

(3.) It is not disputed that Palaniachi Ammal and Ramalakshmi Ammal are the heirs of Kanda Devan, who, being a tenant, was entitled to the protection of the Act. It is also not disputed that after the death of Kanda Devan the land is being cultivated on behalf of these two women and that they are not personally cultivating them, in the sense that they are not contributing physical labour for its cultivation. It is, however, contended on behalf of the respondent that it is not necessary for a tenant to contribute physical labour before he can be held entitled to the benefit of the provision. Two decisions of the Madras High Court bearing on the point were cited before us. The first of these is Kunchitapatham Pillai vs. Ranganatham Pillai(1958) 1 Mad LJ 272. In that case Balakrishna Iyer, J., held that in order to qualify as a cultivating tenant within the meaning of the definition given in the Act it was not necessary that a person should put his own muscular effort into the soil. Construing a similar expression occuring in the Tenjore Tenants and Pannaiyal Protection Ordinance IV of 1952, Rajagopala Ayyangar, J., observed in an unreported case. Writ Petn. No. 426 of 1953 (SC):