KRISHNAMOORTHY THONDAMAN Vs. D RAMANATHAN

JUDGEMENT

(1.) THE second appeal has been filed by the defendant in O.S. No. 395 of 1973 in the Court of the District Munsif, Mannar-gudi. THE plaintiff is the trustee of Sri Subramania Swamy Temple and its Nandava-nam Kattalai, Needamangalam. THE suit lands, which belongs to the said temple, were leased out to one Raghurama Thondaman, brother of the defendant. As he fell in arrears of rent, the plaintiff instituted eviction pro-ceedings against Raghurama. During the pendency of that petition, Raghurama and the plaintiff were said to have entered into a compromise, as a result of which, Raghurama surrendered possession of the lands. According to the plaintiff, he has been carrying on personal cultivation of the suit lands thereafter. As there was some threat of interference in the cultivation of the lands by the plaintiff, the plaintiff has come forward with the suit. According to the plaintiff, Raghurama has set up the defendant, his brother, to give trouble to the plaintiff.

(2.) THE averments in the plaint were denied in the written statement filed by the defendant. THE jurisdiction of the civil Court to go into the question of tenancy was also challenged.

(3.) THE learned counsel for the appellant contended that -the jurisdiction of the civil Court is barred by section 16-A of the Tamil Nadu Act (X of 1969), introduced by the amending Act (XXXIV of 1972). This amending provision came in for consideration by a Full Bench of this Court in the case in Periathambi Goundan v. THE District Revenue Officer1. THE Full Bench observed that the controversy as to whether a particular piece of land has been let out for cultivation or not is one constituting a jurisdictional issue, which the Record Officer had to decide before he could determine any other matter under the Act. Such controversy is not however within the exclusive jurisdiction of the statutory authorities, because to hold so, would enable the statutory authorities to assume jurisdiction by erroneously deciding such an issue. THE learned Judges describe the, jurisdiction and the powers of the Court in the following words:-