S R SRINIVASA THATHACHARIAR Vs. PITCHAI MUTHU MOOPAN

JUDGEMENT

(1.) THESE two revisions arise out of the orders passed by the learned Sub Divisional Magistrate of Arivalur. in proceedings under Section 145 Criminal Procedure Code, in M. C. Nos. 56 and 62 of 1971 on his file. The dispute related to the possession of certain lands situated in Muthirivar, a village in Lalgudi taluk. The revision petitioners are the owners of these lands : there is no dispute about it. The respondents claimed tenancy rights in June 1970. In November 1970. the petitioners moved for action under Section 145 Criminal Procedure Code. On the report of the Police, the Executive First Class Magistrate, Musiri, issued the preliminary order under Section 145 (1) Criminal P. C. on 25-11-1970. He attached the property and appointed the village Headman as the Receiver. The parties filed their written statements. The proceedings were then transferred to the Sub-Divisional Magistrate for disposal. Documents. Ex, A. 1 to A. 9 series, were filed by the petitioners for substantiating their contention that the respondents were only pannavals doing work in the lands for wages. Exs. B. 1. receipt for electricity charges, and Ex. B. 2 another letter issued by the President of the Agricultural Cooperative Society for sanction of a loan of Rs. 1540/- to one Marudamuthu for raising plantain crops were filed. On a consideration of the documents thus filed, the learned Sub Divisional Magistrate declared possession of the lands with the respondents. The correctness of this order is now canvassed by the petitioners.

(2.) EXS. A. 1 to A. 10. A. 24 to to A. 34 and A. 45 to A. 50 series are the cooly chits executed by the members of the B party in favour of the petitioners. The chit opens with the following words: Details of the pannai servants in the lands of Raehunatha Thatham". Further details regarding the survey number, extent, names of the pannavals etc. are given. The duration for which they should do nannai work is mentioned as from the 26th of Adi to the 1st of Pan-gunj of that year. Column 7 enumerates the items of the work which he should do in the pannai as a pannai servant. The owner should give the seeds, manure and the cooly for labourers. The land should be ploughed five times. Weeds should be removed thrice. Harvest should be done under the orders of the landlord. The landlord would take the amount due to him. The pannaval would receive the cooly as per the payment orders of the landlord. The value of the crops is estimated and the amount is mentioned in column 9. These pannavals are given different plots each year.

(3.) EX. A. 14 is an affidavit filed by the village headman of the place. Ex. A. 15 is the affidavit filed by the karnam. Both these persons have sworn that the lands are in the pannai cultivation of the present petitioners, that the members of the B party have no independent rights in the lands and that they have been doing work in the lands allotted only as pannavals without any rights in the lands or in the crops. Exs. A. 16 to A. 21 are similar affidavits filed by other persons in the village.