MEENAKSHI Vs. R RAMANI

JUDGEMENT

(1.) THIS is a revision against an order passed by the Revenue Court, Tiruvarur, under section 3 (4) (a) of the Tamil Nadu Cultivating Tenants Protection Act, 1955. THIS Act was avowedly passed for the protection of cultivating tenants from, unjust eviction. Section 3 (4) (a) enables a landlord to evict a cultivating tenant by filing an application before the Revenue Divisional Officer, popularly called the Revenue Court. Section 3 (4) (b) empowers the Revenue Court, after hearing the parties and after holding a summary inquiry, either to allow the application or dismiss it. Where the tenant had defaulted in payment of rent on the due date and had not also made any deposit in Court, then, under the provisions of section 3 (4) (b), the Revenue Divisional Officer is given the discretion to allow time to the cultivating tenant for depositing the arrears of rent inclusive of costs". The provision lays down the guidelines for the exercise of the discretion in the matter of extension of time, in the following terms: "The Revenue Divisional Officer may allow the cultivating tenant such time as he considers just and reasonable having regard to the relative circumstances of the landlord and the cultivating tenant".

(2.) THE words of the section, which I have extracted, admit of no doubt. Even in a case where the tenant is admittedly in default in the payment of rent, it is still within the discretion of the Revenue Court to grant the tenant further time. That extension of time, however, must be just and reasonable in the judgment of the Revenue Court. That is the test of just and reasonable is also indicated by the section when it requires the Revenue Court to have" regard to the relative circumstances of the landlord and the cultivating "ten"nt". THE implication of this requirement is that the Revenue Court cannot merely go upon the factum of default in payment of rent, or the previous history of the default or the past duration of the default. THE one and only criterior for granting of extension of time for payment and the measuring such time on the just and reasonable test, is to compare the relative circumstances of the landlord, on the one hand, and the cultivating tenant, on the other, as at the moment when the Revenue Court enters upon its decision.

(3.) HAVING regard to the important part played by the exercise of discretion in the matter of grant of time by the Revenue Court and having regard to its vital importance in the relations between the landlord and the tenant and also having regard to the fact that these enabling provisions occur in a statute enacted avowedly to protect the tenants from unjust eviction, it is absolutely essential for every Revenue Court to abide by the terms of this section in every case that comes before it.