KALIAMMAL Vs. V SUBRAMANINAN

JUDGEMENT

(1.) THIS revision petition has been filed against the order of the Revenue Court , Trichi , made in R. P. No. 1 of 1997 dated 30. 7. 1998, dismissing the restoration application filed under section 7 of Act 20 of 1997.

(2.) THE crucial questions involved in this revision petition is as to whether the revenue Court was justified in going into the questions as to whether the petitioner is a cultivating tenant under the provisions of the Tamil Nadu Cultivating Tenants protection Act, 1955 and assuming the Revenue Court was justified in doing that exercise, whether the petitioner was given adequate opportunity to substantiate her claim that she would satisfy the definitions of cultivating tenant under the provisions of the Act.

(3.) ACCORDING to the learned counsel for the petitioner, having regard to the various proceedings, commencing from the eviction petition filed in O. P. No. 139 of 1993, ending with the order of this court in W. A. No. 1474 of 1997, it was not open to the Revenue Court to dwell into the question as to whether the petitioner would come within the definitions of cultivating tenant and that in any event, the petitioner ought to have been govern sufficient opportunity to satisfy the Revenue Court that she was entitled for the protection of Act 20 of 1997 and that she would come within the definition of cultivating Tenant, as defined therein.