T.K. AYUB Vs. MOHAMMED HANIF,

JUDGEMENT

(1.) This Civil Revision Petition is directed against the fair and decretal order dated 17 -11 -1998 made in PCTPA No.7 of 1991 by the Revenue Court at Pondicherry.

(2.) Tracing the history of the case, what comes to be known is that an earlier order passed by the same Revenue Court in the same application No. 7 of 1991, dated 27 -07 -1994 had been set aside by this Court in C.R.P.No. 2624 of 1994 dated 21 -11 -1997, further remanding the subject to the Revenue Court to deal with the matter afresh and to arrive at the quantum of arrears of rent on the basis of the materials made available on record, with opportunity for the parties to adduce evidence, if they so choose and hence, the Revenue Court, Pondicherry, had again conducted a full enquiry into the facts and circumstances encircling the case in hand, wherein, the Revenue Court decided that the respondent/tenant is in default of the arrears of rent from the year 1976 -77 to 1990 -91 and 1991 -92 to 2001 on the concluded date of the agreement, further remarking that the tenant had neither produced the satisfactory evidence/ material in the past disputes nor during the present case regarding the specific grounds for remission/reduction of arrears of rent and besides ordering the Respondent Tenant to dispose the first spell covering the period from 1976 -77 to 1990 -91 i.e., 1110 bags of paddy a sum of Rs. 22,500/ - as the coconut yield and a further sum of Rs. 13,500/ - for tamarind yield as the quantum of arrears of rent for the said period for the entire extent of the land.

(3.) In the counter affidavit filed on behalf of the respondents, the respondents would admit the petitioner having taken the lands on lease and the payment of a rent of 185 kalams of paddy and the yield of coconut and tamarind trees; that the respondents filed PCTPA No. 24/76 for eviction on the ground of wilful default in payment of rent and the same was allowed on 15 -03 -1982, against which the revision petition Nos. 1601 and 1632 of 1983 have been filed and the same were remanded on 11 -08 -1983 to determine the actual arrears; that at this juncture, the petitioner filed PCTPA No. 10/83 claiming fair rent in respect of rent payable for the lands from 1976 and the said petition was also dismissed; that aggrieved the petitioner filed Appeal No. 1/87, which was also dismissed on 28 -11 -1998.