SUBRAMANIAM Vs. AMMANI AMMAL

JUDGEMENT

(1.) THE landlord is the petitioner herein. The respondent is a cultivating tenant under the petitioner in respect of 2.00 acres of nanja lands in R.S.No.72 of Vannavodai Village, Tanjore District. The eviction petition was filed under Sec.3(2)(b) and (c) of the Tamil Nadu Cultivating Tenants Protection Act (hereinafter referred to as Act 25 of 1955). According to the landlord, the present tenant -s husband by name Singaram was cultivating the above land as cultivating tenant under the petitioner till his death. He had agreed to cultivate paddy crop in the abovesaid land and agreed to measure 48 -kalam - of paddy per year.

(2.) THE respondent has filed counter stating that she never removed the fertile soil of the lands for the production of bricks without the consent and knowledge of the landlord/the petitioner herein. The respondent submits that the petitioner has authorised the respondent to level the land for easier irrigation as the land is in the tail -end of the irrigation channel. According to the respondent this petition was filed with an ulterior motive of evicting the respondent from the land in question.

(3.) LEARNED counsel for the petitioner has submitted as under: