AMMASAI GOUNDER Vs. NAMAGIRI

JUDGEMENT

(1.) THE petitioner is a cultivating tenant. THE Respondent filed O.S. No. 89 of 1984 on the file of the Subordinate Judge's court, Gobichettipalayam, for recovery of arrears of rent for the year 1981-1982. A decree was passed on 31.8.1990. As per the decree the petitioner was liable to measure 66 salaigais of paddy and pay at the rate of Rs. 180/- per quintal. THE decree was sought to be executed by the respondent in E.P. 33 of 1991. THE amount as worked out in the execution petition is Rs. 15,096.10 with i nterest as awarded by the decree. THE rent has been calculated to be Rs. 9,564/- representing the value of paddy at the rate of Rs. 180/- per quintal plus Rs. 60/- for straw. THE petitioner filed a counter stating that he had availed himself of the provisions of the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1990, Act 38 of 1990 for short ?the Act? and deposited the amount required by the Act with the competent Authority, i.e., Special Deputy Collector, Salem. THE petitioner had pleade d that the entire arrears including the amounts for which the decree was passed stood wiped out on such deposit and the decree had ceased to be executable.

(2.) THE Subordinate Judge held that the deposit was not a valid one in as much as it was not made before the court and it was said to have been made out with the Special Deputy Collector, Salem. Consequently, the Subordinate Judge directed the petitioner to pay the decree amount. Aggrieved by the said order the petitioner has filed the present revision petition.

(3.) COMPETENT authority? is defined under S. 3(a) of he Act as the Revenue Divisional Officer, in whose jurisdiction the holding in question or part thereof is situate in relation to a cultivating tenant as defined in the cultivating Tenants Protection Act and the Authorized Officer in relation to a cultivating tenant as defined in the Public Trusts Act. ?Court? has been defined as any court in which any suit or proceeding for the recovery of any arrears of rent from a cultivating tenant is pending on the date of the publication of the Act or any court which has passed a decree or order for such recovery or any court to which such decree or order has been sent for execution.