PREMPLOYEES STATE INSURANCE CORPORATIONDENT, TENANTS FARMING CO-OPERATIVE SOCIETY THROUGH N GOPAL Vs. V T S SIVAPRAGASHA THEVAR @ DURAIRAJ KUMAR, HEREDITARY TRUSTEE DUIRAIRAJ KUMAR, NACHADAI THIVIRTHARULIA SWAMI DEVASTHANAM THROUGH T GANAPATHY

JUDGEMENT

(1.) This revision is directed against the order of the Principal District Court, Ramnad at Madurai made in C.R.P. No. 1 of 1984 dated 13.12.1984, confirming the Judgment and Decree of the Special Deputy Collector, Revenue Court, Thirunelveli made in P.T.145/81/RJM, dated 4.3.1983.

(2.) Facts which lead to the present revision could briefly be stated thus :-

(3.) P.T.145/81/RJM was filed by Devasthanam for the arrears of lease rent for faslis from 1382 to 1390. The Respondent has contested the Petition stating that the arrears for faslis 1382 and 1383 are not admitted and rent for fasli 1383 has been fully discharged as waived off. For the faslis 1384 and 1385, there was no rain and water and hence, the Respondent/Tenant Society has not raised any crop. Since the Respondent has not raised any crop, lease rent is not payable for faslis 1384 and 1385. Respondent has also stated that the rent was subsequently paid for faslis 1386 to 1390, which was adjusted towards the previous arrears.