PALANISAMY GOUNDER Vs. KOMARASWAMY GOUNDER

JUDGEMENT

(1.) THE petitioners are landlords and the resposdent has taken out a lease from them of an extent of 10 acres 15 cents, of which 1 -99 acres are wet and the rest, garden lands. The lease was dated 17 -4 -1964 and the rent reserved was Rs. 1000 per annum payable by the respondent by 15th Purattasi every year. The Authorised Officer (Land Reforms), Coimbatore, has found that the petitioners did not own lands in excess of the extent mentioned in sub section (3) of Section 4 -A of the Madras Cultivating Tenants Protection Act, 1955. Nor have they been found to pay income -tax. The Authorised Officer has also found that the petitioners are qualified to ask for resumption under Section 4 -A (1). But, at the hearing before the authority, the respondent made an offer to pay contractual rent and as a result the petition for resumption of one -half of the lands covered by the lease was dismissed. To revise this order, this petition has been filed.

(2.) THE petition initially came up before Kailasam, J., who, though aware of Rajammal v. Chinnakannu Ambalam, 1962 -2 Mad LJ 39 and Pichai Ammal v. Sankaramuthiah Pillai, 1963 -2 Mad LJ 361, in view of the contradictory effect of sub -section (3) of Section 4 -A, considered that it is a fit case to be disposed of by a Division Bench.

(3.) ON that view, we allow the petition which means the landlord is entitled to resume one half of the lands covered by the lease. The petitioners are entitled to their costs. Counsel's fee Rs. 50/ -. Revision allowed.