M PALANICHAMY Vs. MUTHIAB PILLAI

JUDGEMENT

(1.) THE contention put forward by the tenant, who is the petitioner, is that under provisions of Sec.5 of Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1990 tenant is bound to pay or deposit only l/4th of the total amount of rent due for the years referred to in the section including what he had paid earlier. In order to appreciate contention, it is necessary to state a few facts. THE tenant is in arrears for faslis 1391 1398. THE total rent payable for those years is Rs.1,26,000 and odd. In an appeal pending this Court, namely, A.S.No.562 of 1987, the tenant was directed to deposit Rs.21,000 he has complied with the order. Apart from that, the tenant has also paid a sum Rs.24,500 towards rent for the said years. Thus, a total sum of Rs.45,500 has already paid. According to the order of the Revenue Court, which is now challenged in this revision petition, the tenant is liable to pay under Sec.5 of the said Act, the current rent plus l/4th the arrears, namely, Rs.1,26,000 and odd minus Rs.45,500 already paid by the tenant.

(2.) BUT learned counsel for the petitioner contends that under Sec.5 of the Act, the tenant liable to pay only the current rent plus l/4th of the total amount of rent, namely Rs.1,26,000 and odd which comes to about Rs.31,500, and odd, and as the tenant had already Rs.45,500 towards the rent he is not liable to pay any amount at all under Sec.5 of the This contention cannot be accepted in view of the express language of the section.

(3.) IN Sec.4 of the Act, the significant expression is "arrears of rent payable to the landlord for the fasli year ending with 30th day of June 1989 and for any previous fasli (hereinafter referred to as the said years) and outstanding on the date of the publication this Act."