P THANGAIYAN Vs. D CHANDRASEKARAN

JUDGEMENT

(1.) REVISION Petition is directed against the order passed by the special Deputy Collector, Revenue Court, Trichirappalli dated 28. 07. 2003 in e. P. No. 565 of 2002 in O. P. No. 199 of 1995.

(2.) THE revision petitioner is the cultivating tenant under the respondent herein. The respondent herein filed a petition for eviction in o. P. No. 199 of 2005 and order was pronounced on 28. 05. 2001. The revision petitioner was directed to pay a sum of Rs. 1,64,712/ -. But he did not pay the amount. So, the E. P. proceedings were initiated by the respondent herein and the enquiry was posted on 28. 07. 2003. Since the petitioner herein did not appear before the revenue Court an exparte order was passed by the Special Deputy collector.

(3.) NOW, the revision petitioner has approached this Court for setting aside the order of delivery passed by the Special Deputy Collector against him. Learned counsel for the petitioner submitted that there was no yield in crops due to the drought, he could not able to pay the amount. The petitioner has not chosen to appear before the Revenue Court to contest the E. P. and so the order of delivery was passed. Further, it is seen that the petitioner has not paid the entire E. P. amount. The original petition was filed in the year 1997 and the E. P. was initiated only in the year 2002. He ought to have paid the amount in the mean time. But he has not done so.