LAWS(MAD)-2023-12-89

ELUMALAI Vs. PRESIDING OFFICER, REVENUE COURT

Decided On December 20, 2023
ELUMALAI Appellant
V/S
Presiding Officer, Revenue Court Respondents

JUDGEMENT

(1.) This Civil Revision Petition has been filed challenging the Eviction Order, dtd. 30/1/2018 in PCTPA No.1 of 2012 passed by the First Respondent.

(2.) The Revision Petitioner is a Tenant. In the year 2006, the Revision Petitioner had been permitted as a Lessee over the Schedule mentioned property to cultivate for a sum of Rs.3,000.00 per year as Lease amount by the brother of the Third Respondent herein by name, Kaliyavarathan, son of Gopal Kounder.

(3.) The learned Counsel appearing for the Petitioner submitted that an unregistered Sale Agreement, dtd. 18/1/2010 was entered between the Revision Petitioner and one Mrs. Ponnammal for purchasing the Petition mentioned property for total Sale price as Rs.1,50,000.00 and paid a sum of Rs.1,45,000.00 on the same date. As the Revision Petitioner was already in possession of the said property by way of Lease and continued to carry out cultivation in the property, he is not liable to pay any Lease amount/Rent to the said property because almost the entire Sale amount, except Rs.5,000,.00 was paid under the said Sale Agreement.