RAMAMURTHY AND ORS. Vs. V. PERUMAL

JUDGEMENT

(1.) THE petitioners applied for eviction of the respondent under the provisions of the Tamil nadu Cultivating Tenants' Protection Act. The Revenue Court passed an order on 9.4.1987 directing the respondent to deposit a sum of Rs.2647.55 being the arrears of rent on or before 9.6.1967. The respondent did not make the deposit in time. The petitioners filed I.A.372 of 1987 for passing an order of eviction as the respondent failed to comply with the direction given by the Revenue Court by its earlier order. The application was filed in September, 1987. The respondent filed a counter affidavit in October 1988 in which he stated that he had deposited the money as per the orders of the Revenue Court on 4 -8 -1987 under Challan No.843. He produced a xerox copy of the Challan along with the counter affidavit.

(2.) THE Revenue Court has taken the view that the deposit having been made even before the filing of I.A. 372 of 1987 and there being no explanation on the part of the petitioners for not having sought an order of eviction as soon as the respondent committed default in making the deposit, the petitioners are not entitled to an order of eviction as prayed for by them. Consequently, the application filed by the petitioners has been dismissed by the Revenue Court.

(3.) THE respondent has not chosen even to attempt to give an explanation for his default in complying with the order of the Revenue Court In the counter affidavit, he has merely stated as a fact that he made the deposit on 4.8.87 alleging that it was as per the orders of the Revenue Court. Certainly, it was not in accordance with the orders of the Revenue Court. The deposit was made long after the period prescribed by the Revenue Court expired. Hence there can be no doubt that the respondent has failed to comply with the order of the Revenue Court. Under Section 3(4)(b) of the Tamil Nadu Cultivating Tenants' Protection Act, the Revenue Court may allow the cultivating tenant such time as it considers just and reasonable for depositing the arrears of rent and if the cultivating tenant fails to deposit the same as directed, the Revenue Court shall pass an order for eviction. The language used in the section is mandatory and the only option available to the Revenue Court is to pass an order of eviction.