APPAI GOUNDAN Vs. PERICHI GOUNDER

JUDGEMENT

(1.) C .R. P. No. 204 of 1957. - This Civil Revision Petition is against the order of the learned Revenue Divisional Officer, Coimbatore, in E.P. No. 7 of 1956 in O.P. No. 41 of 1955.

(2.) THE petitioner is the landlord, and the respondent in this petition is the tenant. For the fasli year 1954 -1955 the respondent entered into a tenancy agreement in respect of the land belonging to the petitioner for agricultural purpose, agreeing to pay a sum of Rs. 500 in advance by way of rent towards the tenancy. This amount was duly paid and on the termination of the year of the lease, the respondent did not deliver possession of the land to the petitioner but he continued to be in occupation. He did not pay any rent for this year, viz., 1955 -56. Without paying the rent for that fasli year he had also constructed a salai on the land leased to him by the petitioner. According to the original agreement under which the respondent held over the land in his occupation, the stipulated rent of Rs. 500 was payable in advance. Since this rent was not paid in December, the petitioner filed O.P. No. 41 of 1955 for eviction. This original petition however, was compromised by a joint memo, filed by both the parties and marked as Exhibit A -1.

(3.) SUBSEQUENT to this on 30th July, 1956, the petitioner filed a petition before the learned Revenue Divisional Officer alleging that the conditions of the agreement were not acted upon by the respondent, that delivery of possession was not given and so he asked for eviction. The Revenue Divisional Officer thereupon passed an order of eviction on 8th August, 1956. This order is said to be an ex parte order passed on the petition of the petitioner.