N.THIRUMALAISAMY Vs. BALASUBRAMANIYA CHETTIYAR (DIED)

JUDGEMENT

(1.) Both the Civil Revision Petitions are at the instance of the petitioners, who filed T.C.T.P.Nos.2 and 32 of 2010, on the file of the Revenue Court, Madurai, seeking permission of the Court to deposit the rent for a period of 3 years and 32 years respectively.

(2.) The said applications were resisted by the respondent (same landlord in both the revision petitions) on the ground that the petitioners were not cultivating tenants and in the absence of the same, they are indulging in cutting down trees and causing loss to the respondents / landlords.

(3.) The Revenue Court, after considering the respective pleadings and evidence let in by the parties, held that both the petitioners were not able to establish that they were cultivating tenants and proceeded to dismiss the said applications. The said orders passed by the Revenue Court, Madurai are under challenge in the above Civil Revision Petitions, mainly on the ground that the Revenue Court failed to see that the petition in T.C.T.P.No.32 of 2010 was originally filed by the petitioners' father viz., Nachimuthu Gounder and that he died during the pendency of the proceedings (ie. on 10/9/2013) and in T.C.T.P.No.2 of 2010 was originally filed by the petitioners' father viz., Vellaichamy Gounder and that he died during the pendency of the proceedings (ie. 3/2/2000).