V. KANDAN MOOPAN Vs. M. ARUMUGHA MUDALIAR

JUDGEMENT

(1.) THIS arises out of a petition for eviction on the ground of arrears of payment of rent. Under Sub -section (4)(b) of Section 3 of Madras Act XXV of 1955 the Revenue Court granted time to the petitioner until 31st July, 1960, for depositing all arrears. Before the expiry of the time, however, the petitioner applied to the Revenue Divisional Officer for extension of time. At the same time and on the same day, he deposited a sum of Rs. 200 and on 2nd September, 1960, he deposited the entire balance. The Revenue Court took the view that it had no option but to dismiss the petition. In its opinion there was no enabling power under Sub -section (4)(b) of Section 3 to extend the time. The question is whether this view of the statutory provision is correct.

(2.) SUB -section (4)(b) of Section 3 reads:

(3.) PETITION is allowed. No costs.