KALYANI Vs. RAJAMMAL

JUDGEMENT

(1.) This civil revision petition arises out of an application under Sec. 4 -A(1) of Act XXV of 1955, hereinafter referred to as the Act The landlord filed the said application for the resumption on the ground that he wanted the lands for his own cultivation. The tenant offered to pay the contractual rent which was payable before 27th September 1955 as per Sub -section (3) of Sec. 4 -A. In spite of such an offer the resumption has been ordered. Hence this revision petition filed by the tenant

(2.) The Revenue Court, in allowing the resumption under Sec. 4 -A(1) of the Act, has relied upon the judgment of a Bench of this Court in Civil Revision Petition No. 2607 of 1971. The contention of the learned Counsel for the Petitioner (tenant) is that the above said decision of the Division Bench goes counter to the decision of another Bench in Pitchai Ammal v/s. Sankara Muthiah Pittai, (1963) 2 M.L.J. 361, and that the Revenue Court ought to have followed the earlier Division Bench decision. Learned Counsel invited me to follow the earlier decision in preference to the latter decision in Civil Revision Petition No. 2607 of 1971, Palaniswamy Gounder and Anr. v/s. Komarasamy Gounder.

(3.) In Sec. 4 -A(1) it is stated that notwithstanding anything contained in any other provision of the Act a landlord shall be entitled to resume possession from any cultivating tenant possession for purposes of personal cultivation of lands not exceeding one -half of the extent of lands leased out to the cultivating tenant. Sub -section (3) of the said Sec. is as follows: