VARADARAJULU Vs. J L SANJEEVI DIED

JUDGEMENT

(1.) THE defendant is the appellant. THE respondent in the second appeal who is the plaintiff filed O.S.No.867 of 1979 on the file of Additional District Munsif at Pondicherry for evicting the defendant from the suit property after removal of the superstructure and for delivery of possession.

(2.) ACCORDING to the plaintiff, he is the absolute owner of the suit property. The defendant entered into the suit property on the basis of a tenancy agreement. With the plaintiff and agreed to pay a monthly rent of Rs.10. The defendant is in arrears of rent. The defendant tried to invoke the Kudiyiruppu right in the suit property. The Authorised Officer, Kudiyiruppu and the appellate authority under the Kudiyiruppu Act rejected the claim of the plaintiff. The defendant filed his written statement stating that even though the Authorised Officer and the Collector have decided the matter as against the defendant, he has already taken steps and preferred an appeal in this Court, hence prayed for dismissal of the suit. The defendant has also denied that he is in arrears from March, 1976. He also contended that the plaintiff has not valued properly the suit property as per the provisions of Pondicherry Court-Fees and Suit Valuation Act, 1972.

(3.) THE learned counsel for the appellant brought to my notice that the respondent herein is the owner of Kudiyiruppu, that is, suit property, in respect of which the appellant herein is a tenant under him. During the year 1976, the respondent instituted proceedings in S.R.No.115/76-E.2 under Section 5 of the Pondicherry Occupants of Kudiyiruppu (Conferment of Ownership Act, 1973 before the Authorised Officer (Kudiyiruppu), Pondicherry, against the appellant herein for a declaration that the appellant here in is not entitled to the benefit of the said Act and consequently, the appellant herein should not be recognised as a "Kudiyiruppudar" under the Act. It is further contended that the Authorised Officer allowed the said petition on 18.10.1976. Aggrieved by the same, the appellant herein filed Kudiyiruppu Appeal No.44 of 1976 on the file of the Revenue Secretary-cum-Collector, Pondicherry, and the same was also dismissed. Against the said order, W.P.No. 396 of 1980 filed by the appellant herein was dismi ssed in limit. Against the order in W.P.No. 396 of 1980 before this Court along with CMP No. 7457 of 1980 for an order of stay. It is seen that on 5.3.81 a Division Bench of this Court has granted interim stay for two weeks, which was subsequently made absolute on 25.3.1981. By Judgment dated 8.1.1986, the Division Bench of this Court was pleased to allow the writ appeal and quash the order dated 18.10.1976 passed by the Authorised Officer as confirmed by the appellate authority.