LAWS(MAD)-1974-7-51

M. SINGARAVELU NATTAR Vs. K. VENKATARAMA IYER

Decided On July 23, 1974
M. Singaravelu Nattar Appellant
V/S
K. Venkatarama Iyer Respondents

JUDGEMENT

(1.) The admitted arrears of rent was Rs. 1,070/ -. Out of this, the tenant had paid only a sum of Rs. 475/ -, and this payment is admittedly after 1st July, 1971. As the balance of arrears had not been paid, the tenant was ordered to be evicted. When the land owner took out the execution proceedings for eviction, the tenant contended that by virtue of the provisions of Act 21 of 1972, he must be deemed to have paid the whole of the "current rent", and that, therefore, he cannot be evicted. The Revenue Court went into the question what exactly was the "current rent" and determined the same at Rs. 660/ -. That finding is not challenged before me. Under S.3(1) (a) (iii), if the tenant is deemed to have paid or deposited the whole of the rent due for Fasli, 1381, then all arrears of rent shall stand wiped out. Under S.3(1) (a)(ii), similarly all arrears of rent would get wiped out if the tenant pays or deposits the whole of the "Current Rent" within six months from the date of the publication of the Act 21 of 1972. In this case, the tenant cannot be deemed to have paid or deposited the whole of the current rent.

(2.) The revision petition is, therefore, dismissed. There will be no order as to costs.