P. SUBBIAH MUDALIAR AND ORS. Vs. PAKKIRI PANDARAM

JUDGEMENT

(1.) THESE two Revision Petitions arise out of two applications made by the respondent under Section 4(1) of the Madras Cultivating Tenants Protection Act (XXV of 1955) as amended by Madras Act XIV of 1956. Alleging that they were forcibly evicted about the commencement of the agricultural year 1956 -1957, the respondents applied for restoration of possession of the lands covered by the petitions. For the purpose of these revision petitions it is not necessary to refer to the pleas put forward by the counter -petitioners who contested the petitions. It suffices to refer to only one of such pleas, namely, that the petitions are barred by limitation. The Revenue Court dealt with this objection in the following way:

(2.) THE Revenue Court also overruled the other pleas raised by the counter -petitioners and directed that both the petitioners be restored to possession of the respective lands claimed by them. The landlords have filed these revision petitions. Mr. G.R. Jagadisa Ayyar appearing for the petitioners pressed upon me again the contention that the petitions were barred by limitation. The relevant provision runs thus:

(3.) THE material dates for the purpose of deciding the question of limitation are these. The petitioners were evicted on 15th April, 1956. The application for restoration was made on 7th December, 1956. Act XIV of 1956 came into force on 1st October, 1956. The contention of Mr. Jagadisa Ayyar was that this new Sub -section (5) would apply and under that provision the period of limitation is two months from the date of eviction or two months from the date of the coming into force of the Amendment Act, that is, 1st October, 1956. On either calculation the applications which were filed on 7th December, 1956, were barred. In my opinion this contention is based on a fallacy. The proper provision which applies to this case in not Sub -section (5) but Sub -section (1) of Section 4. Madras Act XXV of 1955 when it was originally passed did not extend to the areas in which the provisions of the Tanjore Tenants and Pannaiyal Protection Act, 1952 (Madras Act XIV of 1952) were in force. Admittedly the lands in question are situated in that area. Therefore, Madras Act XXV of 1955 did not apply as it stood when it was passed. But then came the Amending Act XIV of 1956 in and by which the Act was extended to the Tanjore area as well. Consequent on this extension an Explanation was added in the following terms: