MARUTHIAH NATTAR Vs. M K KHAN

JUDGEMENT

(1.) THE petitioner is the cultivating tenant under the respondent in C.R.P. No.2095 of 1988. As he has committed default in paying the rent for the faslis 1392 to 1396, the respondent filed eviction petition in P.No.53 of 1987 before the Revenue Court, Thanjavur. THE Revenue Court ordered eviction on 7.7.1988. Aggrieved by the order of eviction, the petitioner preferred C.R.P. No.2093 of 1988 and obtained an order of injunction. During the pendency of the revision, as per the conditional order, the petitioner paid the arrears of rent in two instalments i.e., Rs.5,000 on 30.8.1988 and the balance of Rs.4,372.50 on 1.2.1989. Subsequently for on 27.9.1993 when the revision petition was listed for hearing, the counsel for the petitioner did not appear and hence the same was dismissed for non prosecution, on 27.9.1993.

(2.) AFTER the disposal of C.R.P. No.2093 of 1988 the respondent filed E.P. No.121 of 1994 seeking to enforce the order of eviction passed by the Revenue Court in P.No.53 of 1987. The Revenue Court by order dated 23.12.1994 had dismissed the execution petition, taking into consideration of the fact that the petitioner had paid the arrears for the faslis 1392 to 1396. Against this order, the respondent herein has filed C.R.P.No.87 of 1995.

(3.) THE questions to be decided are: (i) Whether the petitioner is entitled to the benefit of the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act? (ii) Whether the order of eviction passed in P.No.53 of 1987 on the file of Revenue Court, Thanjavur is liable to be set aside?