RAJAGOPALAN Vs. THIRUGNANASAMBANDAM

JUDGEMENT

(1.) THE matter arises under the Tamil Nadu Agricultural Lands record of Tenancy Rights Act 10 of 1969, hereinafter referred to as the Act. Petitioners 1 and 3 along with the husband of the second petitioner claimed that they are tenants within the meaning of the Act to be recorded as such under the Act. THEy shall be hereinafter referred to as the claimants. Earlier the claimants had their names recorded as tenants under the act. THE lands in question belonged to respondents 1 and 2 and one Janaki Anni. who is no more and whose legal representatives are respondents 3 and 4. THEy shall be hereinafter referred to as the owners. THE owners sought rectification of the entry in favour of the claimants on the ground they were not at all aware of the proceedings under the Act pursuant to which the entry was made in favour of the claimants and only when a suit was filed for an injunction against them in the civil Court, they became aware of the entry under the Act and further the claimants recorded as tenants under the Act could not have such character on facts also. All the Authorities under the Act, namely. Respondent 5, the original Authority, Respondent 6, the Appellate Authority and Respondent 7, the Revisional Authority, upheld the case of the owners of the lands. In this writ petition, the orders of respondents 5 to 7 are being put in issue.

(2.) MR. S. Sadasharam , learned counsel for the petitioners, would submit that the provision invoked is Sec. 5 of the Act and that provision could be invoked only when there is a demise or a transfer of interest or any other subsequent change in circumstances after the approved record of tenancy rights under the Act got prepared, and in the instant case, no such contingency had arisen to warrant the invocation of that provision. In the instant case, the owners had pleaded that they had no knowledge at all about the proceedings earlier taken pursuant to which the record under the Act was made in favour of the claimants, who claimed the rights of tenants under the Act, and only on the filing of the suit for injunction, they came to know about the order under the act against them. This has been construed as a'subsequent change in circumstances' ; within the meaning of sec. 5 of the Act by the Appellate Authority, the 6th respondent and the Revisional Authority, the 7th respondent. In my view, even without reference to Sec. 5 of the Act, it can be stated that the power to rectify an entry wrongly made is available to the Original Authority under the act because Sec. 4a inserted by Tamil Nadu Act 34 of 1972 reserves for him such a power. Sub-sec. (1) of sec. 5 alone has got to be looked into to find out the scope of the power available under it and it is extracted as follows:' ;'5. MODIFICATION OF ENTRIES IN THE APPROVED RECORD of TENANCY RIGHTS.-- (1) Where any person claims that in respect of any land already included in the approved record of tenancy rights any modification is required in respect of the entries in such record either by reason of the death of any person or by reason of the transfer of interest or by reason of any other subsequent change in circumstances, he shall make an application to the record officer for the modification of the relevant entries in the approved record of tenancy rights.' The above provision contemplates modification of entries in the approved record of tenancy rights if warranted by reason of death of any person or by reason of transfer of the interest or by reason of any other subsequent change in circumstances. Sec. 4-A reads as follows: '4a. POWER OF RECORD OFFICER TO TAKE SUO MOTU action - Where it appears to the record officer that in respect of any land let for cultivation, the land owner, intermediary or tenant having interest in such land' ; (a) has failed to intimate his interest in such land under Sub-sec. (3) of Sec. 5; or (b) has failed to make an application for rectification or inclusion under Sub-sec. (6) of Sec. 3; or (c) has failed to make an application for inclusion of particulars, relating to such land in the approved record of tenancy rights under Cl. (a) or Cl. (b) of sub-sec. (1) of Sec. 4, the record officer shall make an enquiry in respect of the landowner, intermediary or tenant having interest in such land, in accordance with such procedure as may be prescribed and if, after making such enquiry, the record officer decides that the particulars of the land should be included in the draft of the approved record of tenancy rights, as the case may be, he shall pass an order accordingly and shall make the necessary entries in the draft or approved record of tenancy rights, as the case may be : Provided that the record officer shall not pass an order under this section unless the parties concerned have been given a reasonable opportunity to make their representation either orally or in writing.'