B. MADHAVA PUSHPAVANAM Vs. K. GANAPATHI

JUDGEMENT

(1.) The present Revision Petition has been filed by the Landlord challenging the Order passed by the Revenue Court/Special Deputy Collector, Trichy rejecting his application for eviction of the cultivating Tenant.

(2.) The Petitioner herein had filed an application under Sec. 3(4)(a) of the Tamil Nadu Cultivating Tenant Protection Act, 1955 for evicting the Respondent on the ground that the Tenant had sublet the property and he had not paid the rent for the past 8 years from 1996-97 onwards.

(3.) The Respondent had filed a counter and contending that he was the Tenant of one Kannammal and after the death of the said Kannammal, he is paying rent regularly to one Jeyalakshmi. After the death of his mother, he is continuing as a cultivating Tenant till date. He had further contended that the Petitioner is not the only Legal Heir of Bashyam Iyengar and two other blood brothers of the Petitioner have not been impleaded. Therefore, the Petition has to be dismissed for non-joinder of necessary parties.