MUNIAPPA REDDIAR Vs. GANESA REDDIAR

JUDGEMENT

(1.) THE landlord under the Tamil Nadu Cultivating Tenants protection Act, 1955 (hereinafter referred to as''the Act'')has filed this revision petition against the order dated 4. 10. 1991 in his petition C. D. P. No. 296 of 1985 on the file of the Special Deputy Collector (Revenue Court), Cuddalore. By the said order dated 4. 10. 1991, the Special deputy Collector dismissed the said C. D. P. filed under Sec. 3 (4) (a) of the Act for ejectment of the respondents- tenants from the petition land on the ground of arrears of rent for ten years, that is from 1977 to 1987. Originally by order dated 21. 12. 1989, the said revenue court, in the said petition computed the arrears due at Rs. 6,000 and gave time to the tenants to pay the said sum to the landlord in four instalments as follows: (1) Rs. l,500 on 20. 1. 1990 (2) Rs. 1,500 on 20. 2. 1990 (3) Rs. 1,500 on 20. 3. 1990 (4) Rs. 1,500 on 20. 4. 1990 THE said order also stipulated that if the payment is not made accordingly, necessary steps would be taken for eviction of the tenants.

(2.) THE respondents- tenants did not pay the abovesaid four instalments as stipulated but paid the abovesaid sum of Rs. 6,000 belatedly as follows: (1) Rs. 1,500 on 24-1-1990 (2) Rs. 3,000 on 30-8-1990 (3) Rs. 1,500 on 4-10-1991 No doubt the landlord has received the said payments and has also given in writing that there are no arrears. THErefore, the abovesaid revenue Court has passed the abovesaid order dated 4. 10. 1991, virtually dismissing the said C. D. P. Aggrieved by the said order, the landlord has filed this revision.

(3.) IN thc present case also the respondents- tenants have not challenged the above referred to order dated 212. 1989, which directed the abovesaid payment to be made in four instalments. So, here also, it is not open to them to question the validity of the order dated 21. 12. 1989 now in this civil revision petition filed by the landlord.