N SREEDHARAN THAMBI Vs. VELAYUDHAN PILLAI

JUDGEMENT

(1.) This is a civil revision petition filed under S. 115 of the Civil P. C. by the plaintiffs-petitioners herein against the order dated 16th Dec. 1981 in E.. P. No. 256 of 1981 in 0. S. No. 259 of 1960 on the file of the court of the learned District Munsif, Ruzhithurai, dismissing the petition filed under 0. 21, R. 35. C. P. C. holding that he has no jurisdiction to execute the decree in view of the Tamil Nadu Cultivating Tenants Protection Act and as such the said petition is not maintainable.

(2.) The plaintiffs had filed the petition before the lower court under 0. 21, R. 35. C. P. C. for delivery of the property. According to them the decree was passed on 13-3-1961, that the relief of recovery of possession could not be obtained by reason of statutory stay under S. 4 of the Holdings (Stay of Execution Proceedings) Act VIII of 1950 T. C. which was in force on the (late of Passing of the decree, that the operation of the Act was being extended from time to time. that the Petitioner could not execute the decree for recovery of possession from 24-9-1977. that the Tamil Nadu Cultivating Tenants Protection Act was extended to Kannyakumari District as per S. 4 of Tamil Nadu Act IV of 1975 w. e, f. 8-3-1976. that if the T. C Act VIII of 1950 is considered to be the corresponding law which was in force in that area at that time, then that law stands repealed under S. 5 of the Act. that the defendants committed default in payment of rent payable for the year 1967. that they also committed default in the deposit of rent for the year 1971 and then in 1974 and that with the default committed in the year 1967 itself, they forfeited the right conferred on them by T. C. Act VIII of 1950.

(3.) On the other hand the second defendant filed a counter stating that the petition is not maintainable that he is a cultivating tenant and so the civil court has no jurisdiction to execute the decree that they are not in arrears of rent that the rent is Rs. 5.33 Per year and the same was deposited in court, that- there are no arrears whatsoever that the execution petition is barred by limitation and that the defendants are cultivating tenants and are agriculturists and prayed for dismissal of the petition.