K NATESAN Vs. K RAMASAMY

JUDGEMENT

(1.) The landlord, who had failed in his attempt to evict the cultivating tenant, from the land, by moving a petition before the Special Deputy Collector (Revenue Court), Thiruchirapalli, is the revision petitioner.

(2.) The revision petitioner is the owner of 44 cents in Survey No.21/1, out of an extent of 1.46 acres situated at Hasthampatti, Salem. The respondent is occupying the land, as cultivating tenant. The agreed rent for this land is Rs.200/- per annum. The landlord had filed a petition, for the eviction of the tenant, under Sections 3 and 4 of the Tamil Nadu Cultivating Tenant Protection Act, herein after called 'the Act', alleging that the tenant has committed willful default, in payment of rent and not only that he had also used the land, for the purpose of cultivation of coconut trees, without consent, which is not an agriculture or horiculture. It is the further case of the landlord in the double crop wet land, the respondent also put up a thatched shed. In this view of the matter, an eviction is prayed for, before the authorised officer (Revenue Divisional Officer) Salem in CTP.No.928/2000.

(3.) The tenant reiterating the previous litigation between the parties, informing the court, how he had not committed any default in payment of rent or how he had not converted the user of the land, for any other purpose, opposed the application, for eviction.