PAPATHI ANIMAL Vs. KULITALAI CANE FARMS P LIMITED

JUDGEMENT

(1.) Mr.V.Meenakshisundaram, advocate, had originally entered appearance on behalf of the respondent in both the civil revision petitions. On his death, death memo was issued on the respondent on 18th July, 1985 and the respondent was served with a notice. However, nobody represents the respondent. The respondent when called in Court is absent today.

(2.) The petitioner is the wife of one Ramaswami Reddiar who was the defendant in O.S.No.539 of 1965, on the file of the District Munsif of Kulitalai. That suit was filed by the respondent for recovery of lease arrears from the petitioner's husband. The arrears claimed is for the period prior to 1964-65. The respondent again filed O.S.No.199 of 1970 and obtained a decree in respect of arrears payable upto and inclusive of 1969-70. The annual rent payable by the lessee was Rs. 950. It appears that the defendant in the suit filed A.S.No.648 of 1977 on the file of the District Court, Tiruchirapalli, against the Judgment and decree in the above suit. When the appeal was pending the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1971 (Tamil Nadu Act 21 of 1971) (hereinafter called the Act) came to be passed and came into effect on and from 1st July 1972. Taking advantage of the provisions of the Act, the defendant-appellant deposited the current rent, viz., the whole of the rent due for fasli commencing from 1st July, 1971 and ending with 30th June, 1972. It may also be mentioned that the deposit was within the period of six months from 1st July, 1972, which is the date of publication of the Act. However, it appears that the defendant did not file any application to have the appeal allowed and the decrees of the trial Court set aside. The appeal itself seems to have been dismissed subsequently.

(3.) However, on 25th June, 1975, the petitioner herein who is the widow of the deceased defendant judgment-debtor filed E.A.No.419 of 1975 praying for a declaration that the decree in O.S.NO.539 of 1965 on the file of the Principal District Munsif, Kulitalai stands vacated and fully discharged, and to dismiss the execution proceedings. A similar application E.A.No.45 of 1976 was also filed on 2nd July, 1975 in respect of O.S.No.199 of 1970. These two applications were disposed of by a common order dated 17th March, 1977 by the learned District Munsif, Kulitalai. The applications were dismissed on the ground that after depositing the current rent while the appeals were pending, the defendant should have filed an application as contemplated under Sec.3(2) of the Act and had the suit dismissed, and since that application was not filed and the appeal itself was dismissed without any reference to the provisions of the Act, the executability of the decree could not be questioned in these proceedings. It is as against these orders, the two civil revision petitions have been filed.