NARASIMHA CHETTIAR Vs. MUTHUSWAMI GOUNDER AND ORS.

JUDGEMENT

(1.) THIS Civil Revision Petition and the Application for stay arise from an order made by the Sub -Collector of Pollachi in C.M.C. No. 64 of 1957.

(2.) THE facts are. - The lands involved in these proceedings are said to belong to Rajalakshmi Ammal. The cultivating tenant of these lands was Muthuswami Gounder. Bangaruswami Chettiar, the son of Rajalakshmi Ammal, filed an application under Section 3(4)(a) of the Madras Act XXV of 1955 in C.M.C. No. 43 of 1956, before the Sub -Collector, Pollachi, for evicting Muthuswami Gounder on the ground of non -payment of arrears of rent. In that application Bangaruswami Chettiar testified that the land in question belonged to him by virtue of a partition. The learned Sub -Collector recorded evidence let in by both sides and came to the conclusion that there were no arrears of rent due from Muthuswami Gounder and dismissed the application.

(3.) THE learned Revenue Divisional Officer once against went into the question of arrears of rent and held that Muthuswami Gounder was not in arrears, which was also the finding arrived at by him in C.M.C. No. 43 of 1956. He held that Muthuswami Gounder should be restored to possession immediately and there was no justification for ousting him out of the property. He also held that the respondents were colluding only with a view to oust him from the protection afforded by Act XXV of 1955. Muthuswami Gounder also deposited into Court a sum of Rs. 2,475 as Per order of the Sub -Collector, being the rent due for 1956 -1957. On a petition made to the Sub -Collector he further ordered on 30th September, 1957 that except items 1 and 4, measuring about Ac. 4.75 cents in which there were standing crops, all the other items of property should be restored to Muthuswami Gounder immediately. Items 1 and 4 were to be restored after harvest. The amount in deposit was to be withdrawn after restoration of all the items. Narasimha Chetty has thereupon preferred this Civil Revision Petition and has also asked for stay of the operation of the order of the Sub -Collector in C.M.C. No. 64 of 1957. Interim stay has been granted and the opposite party has entered appearance and both the petitions are coming up for disposal.