NPUREESWARASWAMI KOIL DEVASTHANAM Vs. COURT OF THE REVISION AUTHORITY AND DISTRICT REVENUE OFFICER THANJAVUR

JUDGEMENT

(1.) THE Writ Appeal is directed against the order of Swamikkannu,J., in W.P.No. 6032/81 dated 3.5.1988, dismissing the W.P. filed by the appellant Devasthanam holding that modification of approved Record was not possible under S.5(2) of Act 10 of 1969 (T.N.Agricultural Lands Record of Tenancy Rights Act) that such modification of the record was possible only in certain specified cases, such as a) modification of entry in such record either by reason of death of any person, b)by reason of the transfer of interest of the death of any person, c)by reason of the transfer of interest by reason of any other subsequent change. THE learned Judge also held that there is no provision in the Act to delete the names already recorded in the approved Record of Tenancy Rights. It is also held that since the appellant who ought to have preferred their objections under S.3(7) before the Record of Tenancy was approved have failed to do so and since there is no provision to delete the names of any tenants from the approved Record of Tenancy Rights, the application in Form-7 was not maintainable.

(2.) THE short facts which are relevant for the disposal of the appeal are as follows:

(3.) THE appellant filed an appeal before the 2nd respondent who dismissed the appeal on the ground that there is no provision in the Tamil Nadu Agricultural Lands Records of Tenancy Rights Act, 1969 (hereinafter referred as the Act) to delete the name already recorded in the approved Record of Tenancy Right.