SORNATHAYAMMAL Vs. VEERANA THEVAR

JUDGEMENT

(1.) THIS petition is filed by the landowner against the order of the Authorised officer (Land Reforms) Madurai, in T. C. T. P. No. 237 of 1972, D/- 26-4-1973 allowing the petition by the tenant (Respondent herein) under Section 7 of the tamil Nadu Act 21 of 1972 and directing restoration of possession by the landowner to the tenant.

(2.) THE facts that are necessary for disposal of this revision petition are as follows:--The tenant was cultivating 3-51 acres of wet lands belonging to the landowner. Due to default in payment of rent, the landowner filed a petition under Section 3 (4) (b) of the Tamil Nadu Cultivating Tenants Protection Act of 1955 and an order of eviction was passed in T. C. T. P. No. 163 of 1970, D/14-2-1972. The tenant took the matter up to the High Court and the High Court in C. M. P. No. 3819 of 1972 pending C. R. P. No. 823 of 1972 ordered interim stay directing the tenant to deposit a sum of Rs. 5,000/- into the trial Court within one month of 6-7-1972 as directed. After the expiry of the period the landowner filed an eviction petition on 7-8-1972, stating that the tenant has failed to comply with the directions of the High Court by paying the amount. The Civil revision petition itself was subsequently dismissed on 23-2-1973. On application by the landowner for eviction, notice was issued to the tenant for appearance on 21-8-1972. Though the tenant acknowledged the notice, he did not appear for the hearing on 21-8-1972. The Court in. E. P. No. 13 of 1972 in t. C. T. P. No. 163 of 1970 dated 21-8-1972 ordered the eviction of the tenant and possession was taken over by the landlord on 23-8-1972.

(3.) ACT 21 of 1972 i. e. Tamil Nadu Cultivating Tenants Arrears of Rent (Relief)Act, 1972 came into force on 11-8-1972. It may be noted that this was four days after the landowner filed his eviction petition on 7-8-1972. It is the plea of mr. Krishnan, the learned counsel for the tenant (respondent herein) that the result of the provisions of the Tamil Nadu Act 21 of 1972 is that there is an absolute stay of proceedings for a period of six months from the date on which the Act came into force, i. e. , from 11-8-1972 and therefore the order of eviction passed and possession taken by the landowner on 23-8-1972 is non est and therefore the delivery of possession will have to be treated as a nullity.