RAMALINGAM Vs. DISTRICT REVENUE OFFICER THANJAVUR DIST

JUDGEMENT

(1.) The above appeal has been filed against the order of a learned single Judge dated 9-3-1988 whereunder the writ petition filed by the appellant seeking to quash the order of the first respondent dated 12-4-1980 came to be dismissed.

(2.) The appellant filed an application before the third respondent under the provisions of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1968 and the rules made thereunder to get himself recorded as a cultivating tenant in respect of an estent of 4.83 acres of land belonging to the fourth respondent. By an order dated 5-5-1975 the third respondent ordered to register the name of the appellant as the cultivating tenant, which on appeal by the fourth respondent before the second respondent came to be set aside by order dated 24-12-1975. The appellate authority, while setting aside the order of the third respondent, remitted the matter back to the third respondent for fresh enquiry and disposal.

(3.) In the mean time, the fourth respondent filed O. S. No. 325 of 1974 on the file of the District Munsif, Kumbakonam against the appellant praying for permanent injunction contending that the appellant who was merely a pannai agent as evidenced by a specific agreement entered into between the parties and that even the said status has been subsequently terminated. The appellant contested the suit, and ultimately by a judgment and decree dated 25-11-1975 the trial Court held that the appellant was not a cultivating tenant and was merely a pannai agent and his services as such were also terminated and factually the fourth respondent was in possession of the suit property as on the date of the suit. The judgment of the trial Court was also confirmed in A.S. No. 18 of 1976 filed by the appellant before us by judgment and decree dated 2-3-1977 by the Sub Court, Kumbakonam. The said proceedings became final between parties once they are not challenged further.