LAWS(MAD)-1995-12-66

VEERASWAMY NAIDU Vs. RAJA NAIDU

Decided On December 06, 1995
VEERASWAMY NAIDU Appellant
V/S
RAJA NAIDU Respondents

JUDGEMENT

(1.) This Civil revision is directed against the order passed in C.M.A. No. 14 of 1981, on the file of the principal Sub Judge, Salem, which in turn arose out of the order passed in F. R. P. No. 7 of 1978, by the Authorised Officer (Land Reforms), Erode.

(2.) The tenant is the petitioner herein. The respondent herein/landlord filed F.R.P. No. 7 of 1978 (under Sections 23 and 24 of the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961 (Act 57 of 1961), hereinafter referred to as the 'Act' for fixation of fair rent. The landlord is the village Munsif and fit person of Shri Kaliyaperumal Temple, Ulipuram. The lands in question are in S. No. 414/2 - 2.72 acres out of 5.44 acres, and they were let out to the tenant. The contractual rent is Rs. 300.00 per year. In the fair rent petition, the landlord claimed Rs. 3,000.00 per year as fair rent. The Authorised Officer fixed the fair rent at Rs. 865.00 per year. On appeal, the Special Tribunal determined the fair rent at Rs. 2,137.50 per year. It is against this order, this Civil Revision has been preferred by the tenant.

(3.) By way of preliminary objection, the learned counsel appearing for the respondent herein/landlord, submitted that the present revision is liable to be dismissed in limine in view of the provisions contained in Sections 29, 32 and 58 of the Act. According to the learned counsel for the respondent as against the order passed by the sub-Court, salem, only an appeal will lie before the District Court, and no revision will lie before this Court.