KANDASWAMY KANDAR Vs. DEIVANAI AMMAL AND ORS.

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order of the Special Deputy Collector (Revenue Court) Trichirappalli, dated 28.05.2002, made in petition No. 78 of 2002. This revision petitioner is the cultivating tenant under the respondents. Aggrieved by the order of the Special Deputy Collector (Revenue Court) Trichirappalli, directing him to pay 50% of the arrears claimed by the landlord on or before 11.06.2002, the present Civil Revision Petition is filed.

(2.) The only grievance of the petitioner is that the Special Deputy Collector (Revenue Court) Trichirappalli, had not followed the principles laid down under Section 3(4)(b) of the Tamil Nadu Cultivating Tenants Protection Act.

(3.) A perusal of the said Act contemplates that an opportunity to be given to the respondent by giving them a notice and to file a counter. Therefore, the Revenue Court ought to have waited for the revision petitioner herein, to file his counter and then pass order. Such opportunity has not been given to the revision petitioner which is in violation of the principles of natural justice.