P SILAMBAN Vs. G RAMAMURTHY IYER

JUDGEMENT

(1.) This civil revision petition has been filed by the tenant aggrieved by the order of the Revenue Court. Tiruvarur in P.No.185 of 1980 dated 26.11.1980 on the petition filed under S. 3(4)(a) of ACt 25 of 1955, for evicting the tenant from the lands for nonpayment of lease rent for Fasil 1388 and 1389. A preliminary order was passed by the Revenue Court. Thiruvarur dissecting the tenant to deposit a sum of Rs.1191.09 together with costs of Rupees 10 on or before 25.11.1980. On 26.11.1980 the tenant was absent and no payment or deposit was also made. In the circumstance, the Revenue Court. Thiruvarur held that the tenant had rendered himself liable to be evicted form the lands. It was so held by the Revenue Court. Tiruvarur directing the tenant to hand over peaceful possession of the lands to the landlord. Aggrieved by the above order of the Revenue Court. Tiruvarur the tenant has come forward with this civil revision petition under S. 6(B) of Act 25 or 1955 inter alia contending that the Revenue Court has filed to exercise its judicial discretion to grant further time for the payment of arrears and the denial of a further chance makes the order in question revisable under S. 6(B) of the Act 25 of 1955.

(2.) It is relevant to note that this court (S.M.J) on 13.02.1981 in C.M.P. 1444 of 1981 in the C.R.P.No.373 of 1981, had made the following order : "Interim stay on condition that the petitioner deposits Rs. 1202 to the credit. Revenue Court. Thiruvarur on or before 19th February 1981 failing which the order of stay will stand vacated. Notice returnable in two weeks".

(3.) Now it is represented by the learned counsel for the revision petitioner that now that the amount has been paid in full, there cannot be any grievance for the landlord and the question whether there had been any wilful default in the payment of rent can be gone into by the Revenue Court and the ex parte decree set aside. It is relevant to note that this civil revision petition 373 of 1981 is filed against the above order made by the Revenue Court in P.No.185 of 1980 dated 26.11.1980. The petition had been filed by the landlord under S. 3 (4)(a) of Act 25 of 1955, praying that the tenant is a chronic defaulter which eviction petitions had been filed as stated in col. 7 of the petition, namely 1388 F.I.21 K x 10 bundles 1389 F.2.21 x 10 bundles in both faslies. Under the circumstances the ex prate order becomes liable to be set aside by this court becomes revisable. Therefore the order of the Revenue Court is set aside. But it does not mean that the landlord gets the order of eviction in his favour or an order detrimental to the tenancy held by the revision petitioner herein has been passed by this court. What this court means by revising the order is that the Revenue Court has to take the matter afresh on file and deal with the matter on merits by allowing both sides to adduce evidence both oral and documentary. The order in question in revisable on the ground mentioned above in that a reasonable opportunity should be given to the tenant for putting forth his case as incorporated by him in his counter that had been filed by him on 16.03.1980.