R JAYAKUMAR Vs. P KALIYAPERUMAL

JUDGEMENT

(1.) 1. The landlord in the application filed by the tenants for fixation of fair rent under the Tamil Nadu Cultivating Tenants (Payment of fair Rent) Act, 1956 is the revision petitioner. The respondents in this revision are the legal representatives of the tenant Ponnusamy in that proceedings, which was take on file as Fair Rent Application No. 40 of 1981 by the Revenue Court , mayiladuthurai. In the fair rent application the tenants filed a petition to amend the extent of the lands in their occupation from 4. 06 acres to 3. 65 acres. Though opposed by the landlord, that application was allowed by order dated 15. 3. 1989 by the Revenue Court . An appeal filed by the landlord in Appeal no. 17 of 1990 before the Sub Judge, Mayiladuthurai (Revenue Tribunal) was also dismissed. Hence the present revision.

(2.) MR. A. Muthukumar, learned counsel appearing for the petitioner contended that the order under challenge passed by the Revenue Court and affirmed by the appellate Tribunal is without authority of law and therefore, cannot be sustained. Learned counsel contended that the extent of the holding in the hands of the tenants cannot be allowed to be altered and brought into the record by way of amendment as has been done in this case. MR. V. Parthiban, learned counsel appearing for the respondents would contend that the orders under challenge do not suffer from any illegality and therefore, no interference is called for.