(1.) THIS Transfer Civil Miscellaneous petition has been filed, praying that this Court may be pleased to withdraw and transfer the suit, in O.S No.68 of 2004, before the Subordinate Court, Ootacamud, to any other Court having jurisdiction to hear the matter.
(2.) THE learned counsel appearing on behalf of the petitioner had stated that, even before the commencement of the trial in the suit, in O.S.No.68 of 2004, the petitioner had filed an application, under Section 6A of the Madras Cultivating Tenants Protection Act, 1955 and Section 16A of the Madras Agricultural Lands Record of Tenancy Rights Act, 1969 and the said application had been numbered as I.A.No.454 of 2005 to try the issue as to whether the petitioner is a cultivating tenant, as a preliminary issue. However, the learned judge, without proper appreciation of the facts of the case and the evidence available had passed a fair and final order, in I.A.No.454 of 2005, in O.S.No.68 of 2004. Aggrieved by the said order, the petitioner had preferred a revision petition, before this Court, in C.R.P.No.1490 of 2006. THE said Civil Revision Petition had been allowed, directing the Subordinate Court to try the issue and pass appropriate orders thereon.
(3.) THE learned counsel appearing on behalf of the respondents had submitted that the petitioner has filed the present Transfer Civil Miscellaneous Petition, only to drag on the proceedings in the suit, in O.S.No.68 of 2004. THE Transfer Original Petition No.33 of 2009 filed before the District Court, Nilgiris, had been dismissed. Since the petitioner had not challenged the said order, it had become final. THE present Transfer Civil Miscellaneous Petition has been filed by the petitioner on the same grounds and therefore, the present petition is not maintainable. He had also submitted that the issue whether the petitioner is a cultivating tenant had also been decided by this Court, in C.R.P. No.1622 of 2009, by its order,dated 30.07.2009. In such circumstances, this Transfer Civil Miscellaneous Petition is devoid of merits and it is liable to be dismissed.