C PITCHHAI ALIAS KATHAN Vs. GOKILA DEVI AMMAL

JUDGEMENT

(1.) THIS revision is directed by tenant against the order of eviction passed by the Revenue Court (Special Deputy Collector), Madurai.

(2.) THE facts which are necessary for the disposal of the revision are briefly as follows: THE first respondent herein filed as petition for eviction of the revision-petitioner and respondents 2 and 3 herein, in t. C. T. P. No. 7 of 1987 on the ground that they committed wilful default in payment of rent for the faslis 1384 to 1387 and 1389 to 1391 at the rate of 30 bags per year, each measuring 54 mm. THE said application was resisted by the tenants and in their counter they would state that there was no proper yield during the relevant faslis on account of want of rain and that they have not committed default want only. THE first respondent herein (Landlord) was examined and she reiterated the same allegations in her evidence. THE revision-petitioner and other tenants did not turn up and they were set ex parte. THE Revenue Court came to the conclusion that the Subordinate Judge, Madurai , Passed a decree for Rs. 8,400 on 22-12-1979 towards arrears of lease amount for faslis 1384 to 1387 and that the revision petitioner has paid only a sum of Rs. 3,983 and the balance is due. Further, in respect of the lease amount for faslis 1389 to 1391, the first respondent-land-lady filed T. C. T. P. No. 28 of 1982 and in that case the tenants were directed to pay the arrears. In spite of the order they did not pay the amount. However, they paid the lease amount only for fasli 1388. Though the tenants contended that they could not pay the arrears of lease amount as there was no proper rain due to draught, they did not adduce evidence in support of the same. But, on the other hand, it was urged on behalf of the first respondent-landlady, that the tenants were chronic defaulters and every time she had to resort to proceeding before court for realising the lease amount. On these reasonings, the Special Deputy Collector came to the conclusion that the relief prayed for by the first respondent-landlady is just and fair and that she has established the claim. However, on an earlier occasion, the Special deputy Collector dismissed the petition on the ground that wrong provision of law was quoted, in the petition for eviction. Subsequently the first respondent herein filed M. P. No. 2 of 1987 to review the said order condending that the provision of law already quoted namely, Section 3 (4) (a) of the Tamil Nadu cultivating Tenants Protection Act, 1955 is the correct provision, that no wrong provision was quoted and that it requires review. THE Special Deputy collector took up the petition on file and issued notices to both the parties. Though it was adjourned for the hearings on 4-4-1988, 2-5-1988 and 13-6-1988, the revision-petitioner did not appear. As the review petitions and other tenants were absent even for the hearing on 13-6-1988, they were set ex-parte. THE Special Deputy Collector considered the question of wilful default committed by the tenants and reiterated the earlier order passed by him before the review application was filed. THE Special Deputy Collector also took into consideration that inspite of the fact that the Special Deputy Collector, thirunelveli, within jurisdiction the properties originally situated, has passed an order even on 29-7-1982 in T. C. T. P. No. 28 of 1982 directing them to pay the arrears, no amount was paid. In such circumstances, the Special Deputy collector found that the revision petitioner and other tenants are liable to be evicted from the lands and consequently ordered eviction. THE Special Deputy collector came to the conclusion that the tenants have committed wilful default in payment of rent for faslis 1384 to 1387 and 1389 to 1391 and that their liability to pay the said arrears was established already in the order passed by the competent civil court as well as the earlier order passed by the Special deputy Collector, Tirunelveli, which were not challenged. Aggrieved by the same, this revision is filed.