KATHAN MUTHIRIYAR Vs. GOPAL RATHINAM

JUDGEMENT

(1.) THESE civil revision petitions are directed against the orders passed in E. P. No. 400 of 1987 in Petition No. 1498 of 1986 and in e. P. No. 596 of l987 in Petition No. l698 of l986 on the file of Special Deputy collector (Revenue Court), lalgudi.

(2.) SHORT facts are: Regarding C. R. P. No. 1288 of 1988, the respondent had filed petition for eviction on the ground of arrears of rent. The revenue court found that he was in arrears of rent to the tune of Rs. 5,414 and gave time for payment till 31. 3. 1987. He had not paid the amount. So the respondent filed E. P. No. 400 of 1987 and the Revenue court had passed order of eviction. Aggrieved by that order, C. R. P. No. 1288 of 1988 is filed.

(3.) I shall next consider the submission of Mr. D. Peter francis that by virtue of provision of Act 38 of 1990, the order of eviction shall get vacated. The date of publication of this Act in the gazette was 10. 10. 1990. I shall at the outset refer to the relevant provisions in this Act. "current rent" is defined in Sec. 3 (d) and it reads as follows: "' 'Current rent' 'means the whole of the' 'rent due for the fasli year commencing on the 1st day of July, 1989 and ending with the 30th day of June, 1990". Date of publication of the Act is defined in Sec. 3 (a) of the Act and it reads as follows: ' '"date of the publication of this Act' 'means the date of the publication of this Act in the Tamil Nadu Government gazette". Sec. 4 reads as follows: "4. Option for payment of arrears of rent: (1) Any cultivating tenant who is in arrears of rent payable to the landlord for the fasli year ending with the 30th day of June, 1989 and for any previous fash year (hereinafter referred to as the said years) and outstanding on the date of the publication of this Act shall, within four months from the date of such publication, intimate his option in writing to the competent authority- (i) to pay the current rent and the one-fourth of the said arrears of rent in the manner specified in part II. or (ii) to pay the current rent and the one third of the said arrears of rent in the manner specified in Part III, of this Act for availing relief under this Act from the. payment of the said arrears of rent. (2) The option given under Sub-sec. (1) shall be final".