P THANGAVELU Vs. MANGAYARKARASI

JUDGEMENT

(1.) The revision petitioner is the cultivating tenant and the revision petition is filed challenging the correctness of the order of the Special Deputy Collector, Revenue Court, Cuddalore dated 2.12.1999.

(2.) The respondent herein through her power of attorney agent T.Sivachockalingam filed petition under Section 3(4)(a) of the Tamil Nadu Cultivating Tenants Protection Act, 1955, claiming that the revision petitioner as cultivating tenant failed to pay rent for the faslis 1403 to 1405 and that the revision petitioner is to be evicted from the lands mentioned hereunder cultivated by him and owned by the respondent herein:- <FRM>KIS687.htm</FRM> The petition was taken on file on 2.9.1996 which was being adjourned time and again and on 21.3.1997 an interim order was passed directing the cultivating tenant, the revision petitioner herein to pay a sum of Rs.15,832.00 towards lease arrears on or before 22.7.1997 in four instalments, viz., 22.4.1997, 22.5.1997, 22.6.1997 and 22.7.1997. It appears, no amount was paid as ordered and when the petition was finally taken on 2.12.1999, the eviction order was passed directing the cultivating tenant to hand over possession. Challenging the said order, the cultivating tenant has filed this Civil Revision Petition.

(3.) This Court, as per order dated 23.6.2000 made in C.M.P.No.8486 of 2000 granted interim stay on condition the cultivating tenant, the revision petitioner herein deposits a sum of Rs.7,500/- before the Special Deputy Tahsildar (Revenue Court), Cuddalore within a period of three weeks from that date. Further, as per order dated 20.7.2000 another two weeks time was granted from that date. The Officer before whom the amount has to be deposited was amended as per the order dated 20.7.2000 made in C.M.P.No.9804 of 2000 and hence, further one week was granted from 4.8.2000. It appears, the above amount has to be deposited on or before 11.8.2000 in the Special Deputy Collector (Revenue Court), Cuddalore. In the mean time possession was handed over to the owner, viz., the respondent herein on 3.8.2000. The revision petitioner also deposited the sum of Rs.7,500/- as ordered by this Court on 8.8.2000 within the time finally allowed by this Court by way of demand draft.