S SRINIVASARAGHAVAN Vs. THIRU MUTHUKARUPPA MUTHIRIAR

JUDGEMENT

(1.) THIS is a petition by the landlord against the order of the revenue Court condoning the delay in filing the application for restoration of possession under the provisions of the Tamil Nadu Cultivating Tenants" (Protection from Eviction) Act XXXVI of 1976.

(2.) THE facts of the application are briefly these: THE revision petitioner was the landlord and respondent herein was originally his tenant in respect of 156 acres of the land in Esaneikorari Village in Lalgudi Taluk. It is common ground that the landlord filed an application for eviction of the tenant on the ground of non-payment of arrears of rent and an order of eviction was passed after giving sufficient opportunity to the tenant. It would appear that the landlord executed the order of eviction and took delivery through Court. Later, the tenant seems to have meddled with the possession and the landlord field a suit in O. S. No. 645 of 1976 on the file of the District Munsif's Court, Thuchirapalli, for permanant injunction and obtained a decree restraining the tenant from interfering with the possession of the lardlord. Meanwhile, Act XXXVI of 1976 came into force under which the evicted tenants were given rights in the property enabling them to recover possession. Section 7 of the Act XXXVI of 1976 says that an application for restoration of possession must be made within three months. THE tenant kept quiet and filed an application out of time with a petition to condone the delay. THE landlord opposed the application, but the revenue Court condoned the delay and ordered further enquiry. THE landlord is aggrieved with the order and has come on revision.