SHANMUGHAM Vs. MURUGAN

JUDGEMENT

(1.) This is a civil revision petition against an order of the Special Deputy Collector, Revenue Court, Tiruchirapalli, holding that the landlord is entitled to resume 71 cents out of an extent of 1 acre 42 cents of land leased to the tenant who is the revision petitioner. The application was filed under S.4.A(1) of the Tamilnadu Cultivating Tenants Protection Act, XXV of 1955, as amended, seeking resumption of half of the extent of the land leased out to the tenant. The landlord prayed for resumption on the ground that he wanted to do personal cultivation. The right of the landlord for resumption under S.4A(1)of the Tamilnadu Act XXV of 1955 is absolute and is not qualified by the sub -sections. However, by reason of S.4(3)(b) of Tamilnadu Cultivating Tenants Protection Amendment Ordinance, 1976 (Tamilnadu Ordinance X of 1976) the revision petitioner herein who has been ordered to be evicted on 23rd June 1975 is entitled to apply, within a period of six months after the date of publication of the Ordinance, to the Revenue Divisional Officer for restoration to possession of the lard from which he has been ordered to be evicted. These provisions of the Ordinance have also been incorporated in Tamilnadu Act XVIII of 1976. By reason of S 4(3) (b), the revision arising out of the proceedings under S.4.A of the Principal Act which was pending after the 5th day of July 1973 but before the 5th day of March 1976, has abated. Hence the civil revision petition is dismissed.