PERUMAL Vs. JALAMUTHU

JUDGEMENT

(1.) THIS revision is directed against the order passed by the Revenue Court, Pondicherry, ordering resumption of the land, in P.C.T.P.A.No.44 of 1977 on its file.

(2.) THE brief facts which are necessary for disposal of this Revision are as follows: THE first respondent herein has filed an application before the lower Court for resumption of the petition-mentioned lands, which are agricultural lands, under section 4(1) of the Pondicherry Cultivating Tenants Protection Act, 1970. According to the first respondent herein, he was a lessee under the first respondent before the lower court by virtue of lease deeds from 1st August, 1961. He filed suit for injunction against the first respondent before the Court below for restraining him from disturbing his possession of the land in his capacity as a lessee in O.S.No. 381 of 1981 on the file of the learned Principal District Munsif, Pondicherry and the said suit was decreed. THE learned Second Additional District Judge, Pondicherry also confirmed the above judgment and decree in A.S.No.18 of 1975 on 18th November, 1975. Subsequently, he managed to continue in possession of the property and an attempt was made to dispossess him by the month of November, 1976 and he filed an application before the Civil Court for enforcement of the decree of injunction, and finally he was dispossessed by the end of March, 1977, by one Muthu-krishnan, who is supported by the second respondent herein.

(3.) IN the result, the Revision is dismissed and the order passed by the lower Court is confirmed. There will be no order as to costs.