A RUKMANI AMMAL Vs. R SANKARAN NADAR

JUDGEMENT

(1.) THIS revision is directed against the order of the Subordinate Judge, Nagercoil, reversing the order of the executing court and holding that the respondents are entitled to the benefits of the Tamil Nadu Cultivating Tenants Protection Act, as extended to Kanvakumari District.

(2.) THE present petitioners filed an execution petition for executing a decree for possession passed in their favour in O.S.No.l of 1967 in respect of certain agricultural lands. THE decree for possession was subject to the provisions of Act 8 of 1950 (Travancore-Cochin). THE plaintiffs had taken a release deed in respect of one-third of the suit property from some of the defendants and the judgement debtors were in possession of two third share under the pattam and Kuzhikanam dated 12-2-1077, M.E. According to the contesting judgment debtors, the arrears of pattam for the entire property till 1974 came to Rs.69.90 and out of this amount, the present petitioners were entitled only to Rs.43.95 being two-third of the amount which they had deposited on 22-3-1974. THE contesting judgment-debtors, therefore, claimed that no relief could be given to the decree holders in execution proceedings.

(3.) THE learned counsel appearing on behalf of the judgment debtors, however, contended that having regard to the clear bar in S.3 of the 1955 Act, notwithstanding the fact that there was a decree for possession and that decree could have been execeed. if there were arrears of rent, the execution proceedings could not be continued and the learned Subordinate Judge was right in allowing the appeal. S3(l) of the 1955 Act on which the learned counsel for the judgment debtors relied reads as follows-