K RAMDOSS Vs. RUKMANI AMMAL

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THIS revision is directed against the order of the special Deputy Collector, Revenue Court , Salem in R. A. No. 1453 of 1990 dismissing the application by the petitioner on the ground that the petitioner is not entitled for the prayer asked for in the said application for deposit of the rent. The court also held that the petitioner is admittedly employed as a teacher in a school, which is not disputed by the petitioner himself. He is not a tenant under the provisions as defined in the tamil Nadu Cultivating Tenants Protection Act. In this case, the petitioner has no pro of that he is a cultivating tenant and he is contributing his own physical labour or that of any member of his family in the cultivation of any land belonging to another, under a tenancy agreement, express or implied. It is contended that the heir of the petitioner namely his wife is entitled according to the provisions of the Tamil Nadu Cultivating Tenants Protection Act, since she also contributes her own physical labour. THIS definition is also not satisfied, since there is absolutely no pro of on the part of the petitioner's wife that she is contributing her own physical labour for the cultivation of the land in question. The question of deposit of the rent will arise only if the petitioner proves that he is a cultivating tenant. No pro of is placed before the lower court or before this court that his name has been registered as the tenant under the provisions of the Tamil Nadu Record of Tenancy Rights act. Since the petitioner has not proved that he is a cultivating tenant, he is not entitled to make a deposit of the rent arrears before the Special Deputy collector and the Special Deputy Collector has rightly rejected the case that he does not satisfy Section 2 (b) of the Tamil Nadu Cultivating Tenants protection Act. The learned counsel relied on the definition of the "cultivating Tenant" in Angu @ Angammal v. The Record Officer & additional Tahsildar, Thanjavur and 3 others, 1988 T. N. L. J. 35 wherein Section 2 (b) of the Act states that one should contribute his physical labour such as ploughing, sowing the seeds, taking away the weeds and also harvesting the products when the crop is ready for harvest. Unless a person proves that he so physically applied the body for the purpose of cultivating the land, he cannot go anywhere near the definition of section 2 (b) of the Tamil Nadu Cultivating tenants Protection Act, 1955.