K RAYAR Vs. SPECIAL TAHSILDAR REVENUE COURT CUDDALORE

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and Mr. V. Manoharan, the learned Government Advocate appearing for the respondents 1 to 3 and Mr. R. Sathya Kumar, the learned counsel appearing for the fourth respondent.

(2.) IT is stated by the petitioner that he is a cultivating tenant in respect of 1 acre and 50 cents in Survey No. 3689 in Cuddalore OT (Municipal), having a total extent of 3 acres and 24 cents and in S. No. 72 in Cuddalore OT (non-municipal), having an extent of 0. 16. 5 hectares. With regard to the said lands, the petitioner had made an application before the first respondent for recording his name as a cultivating tenant, under the provisions of the Tamilnadu Agricultural Lands Record of Tenancy Rights Act, 1969. The petitioner was recorded as a cultivating tenant by an order of the second respondent, dated 6. 8. 96. However, the second respondent, while issuing the said order, had mentioned the wrong survey number i. e. , instead of showing the survey number as T. S. No. 3989, it was shown as T. S. No. 39 of 89. Therefore, by a further order, dated 6. 9. 1996, the second respondent had rectified the said mistake.

(3.) IT is further stated that the fourth respondent, who had no connection with the property, had filed an appeal before the first respondent in T. R. A. P. No. 4 of 1997, on the ground that the fourth respondent's husband had died during the pendency of the petition and that he alone was the cultivating tenant in the said property. Since the order had been passed against a dead person it was invalid, as the legal representatives had not been brought on record.