MOHAMMED NACHIYAR Vs. HIRUDAYA DASS

JUDGEMENT

(1.) The intention of the enactment is not to give power only for the landlord to evict the tenant under some ground or other. Under the provisions of Section 3 (4) (a) of the Pondicherry Cultivating Tenants Protecting Act, 1970, for the grounds contemplated by the said Section, a tenant can be evicted at the instance of the landlord. In the instant case, it is common ground that the landlord-petitioner had instituted the petition in O. P. 29 of 1976 for the eviction of the tenant, the respondent herein for the conversion of the land into one for which the same had not been let in on lease to the tenant and on the ground of arrears of rent. So far as both the grounds are concerned the lower court had found in favour of the land-lord petitioners herein and the said order can be construed only as an interim order because after having found that the land had been converted into one of the Nanja land which conversion was unauthorised one the lower court had directed the tenant to deposit the amount found to be arrears of rent within the specified time. Therefore, with respect to both the points raised on behalf of the petitioners before the lower court, the finding had been rendered in favour of the petitioner herein. Therefore it is submitted by the learned Government Pleader Mr. S. Govindaswami that this revision petition under Section 10 of the Pondicherry Cultivating Tenants Protection Act 1970 is not maintainable since the same had been filed on the basis of an interim order which order in turn is not in any way favourable to the revision petitioners herein. The learned counsel for the respondent also submits adopting the argument advanced by the learned Government Pleader of Pondicherry, that this revision petition is not maintainable under Section 10 of the Pondicherry Cultivating Tenants Protection Act, 1970. Section 10 of the Pondicherry Cultivating Tenants Protection Act 1970, reads as follows: - "10 The Revenue Court shall be deemed to be a court subordinate to the High Court for the purposes of Sec. 115 of the Code of Civil Procedure 1908 and its orders shall be liable to revision by the High Court under the provisions of that section."

(2.) Section 3 (4) (a) of the Pondicherry Cultivating Tenants Protection Act 1970 reads as follows: -

(3.) Section 3 (4) (b) of the Pondicherry Cultivating Tenants Protection Act, 1970 reads as follows:-