VEDAARAANYAAS WARASWAMI DEVASTHANAM Vs. R SARAJAYEN

JUDGEMENT

(1.) At the hearing of the above appeal Shri T. S. Krishnamoorthi Iyer, learned counsel for the appellant drew our attention to S. 62 and 51 (4) and some other provisions of the Tamil Nadu Public Trust (Regulation and Administration of Agricultural Lands) Act, 1961 and contended that the respondents were not entitled to raise any claim on the basis of the Madras Cultivating Tenants Protection Act, 1955. S. j 62 of the former Act partially repeals the latter Act insofar as a cultivating tenant in respect of any land held by him under the Public Trust. He submitsthat the High court while disposing of the appeal before it had not adverted to the relevant provisions of the Tamil Nadu Public Trust (Regulation and Administration of Agricultural Lands) Act, 1961 and that there has been failure of justice as a consequence of the omission to refer to the said Act. On going through the relevant provisions of the said Act we feel that it is necessary to in vest gate into some factual aspects also in this case. In the circumstances we feel that it is appropriate to set aside the judgment of the High court and to remand it to the High court for fresh disposal in accordance with law and in particular the provisions of the Tamil Nadu Public Trust (Regulation and Administration of Agricultural Lands) Act, 1961. We accordingly set aside the judgment of the High court and remand the case to the High ; court for fresh disposal in the light of the observations made above. Parties are at liberty to raise all contentions available to them before the High court even though they may not have raised them till now. Since the question involved in this case is of general public importance, we request the High court to dispose it of as early as possible preferably not later than six months. The appeal is disposed of accordingly. No costs.