KUPPANA CHETTIAR Vs. K RAMACHANDRAN

JUDGEMENT

(1.) THE two revisions pose the same questions of law for consideration and the facts of each case are more or less identical except with reference to one matter. THE petitioners in each case are cultivating tenants against whom orders of eviction have been passed by the Authorised Officer consequent on their failing to deposit the arrears of rent as ordered to be paid by them within the prescribed time. C.R.P.No. 2113 of 1979 arises out of C.T.P.No. 44of 1978 on the file of the Authorised Officer, Erode while C.R.P. No. 2142 of 1979 arises out of C.T.P.No.43of 1978 on the file of the same officer.

(2.) THE respondent in C.R.P.No.2113 of 1979, who is the landlord of the revision petitioners, filed a petition for eviction against the petitioners under section 3(4)(a) of the Tamil Nadu Cultivating Tenants Protection Act (hereinafter referred to as the Act) on the ground that they had committed wilful default in the payment of rent for the years 1976-77 and 1977-78. THE petitioners filed counter on 21st November, 1978, On 19th June, 1979, both parties made a joint endorsement and the petitioners agreed to deposit a sum of Rs. 9,000/- in full satisfaction of the rent for the two years on or before 7th August, 1979. and in default thereof, eviction could be ordered. THE Authorised Officer passed orders on the joint endorsement on the next date, i.e., 20th June, 1979, and directed the petitioners to deposit a sum of Rs.9,000/- on or before 7th August, 1979, and further held that the failure to deposit the amount as directed will result in an order of eviction being passed. THE order was not complied with and hence the respondent filed a petition on 7th August, 1979, for an order of eviction being passed in terms of the earlier order. On 4th September, 1979, the Authorised Officer passed an order of eviction and it is the correctness and legality of that order that is challenged in this revision petition.

(3.) AS regards C.R.P.No.2142 of 1979 that was also a case where the respondent-landlord filed a petition (C.T.P. No. 43 of 1978) on 20th August, 1978, for eviction of the petitioners on the ground of wilful default in the payment of rent for the years 1976-77 and 1977-78. The petitioners filed a counter but on 26tb June, 1979, a joint endorsement was made by both parties. The respondent agreed to receive a sum of Rs.3,300/-in full quit of his claim for Rs. 4,000/-and the petitioners agreed to pay the said sum. The joint endorsement, however, did not make any reference to the time within which the amount should be paid. On 29th June, 1979, the Authorised Officer passed orders on the joint endorsement and directed the petitioners to deposit a sum of Rs. 3,300/- on or before 31st July, 1979, and further stated that failure to deposit the amount will result in an order of eviction being passed. The petitioners not having deposited the amount the respondent took out an application on 7th August, 1979, for an order of eviction being passed and that application was allowed by the Authorised Officer on 4th September, 1979. It is thereafter, the petitioners have preferred C.R.P.No. 2142 of 1979 to this Court. Along with the revision, they have filed C.M.P.No. 9652 of 1979 and sought interim orders of stay. This Court granted them interim stay subject to the condition that the petitioners should deposit a sum of Rs.3,300/- in the Court below within the two weeks. The direction was duly con-plied with by the petitioners and hence the order of interim stay has been made absolute till the disposal of the revision.