R NARASIMHAN Vs. R JAYABAL

JUDGEMENT

(1.) C.R.P.No.1719 of 1996 is directed against the order dated 9.3.1994 made in P.No.140 of 1992 by the Revenue Court, Kumbakonam, thereby dismissing the petition filed by the landlord under Sec.3(4)(a) of the Tamil Nadu Cultivating Tenants Protection Act, 1955 (Tamil Nadu Act XXV of 1955), petition praying for eviction of the tenant.

(2.) C.R.P.No.1614 of 1996 is directed against the order dated 11.2.1995 made in P.No.23 of 1994 by the Revenue Court, Kumbakonam, thereby ordering that the arrears up to fasli 1399 is barred by limitation, further opining that eviction petition could be filed only for three fasli years of arrears by the landlord.

(3.) THE learned counsel would also cite from para 18 of the petition, wherein it is alleged that one Pavadai Padayachi died leaving behind the respondents as his legal heirs and the respondents are in possession and enjoyment of the petition mentioned lands on the same terms and conditions; that in spite of repeated demands, the respondents are in default in payment of rent without sufficient reasons; that for the arrears from 1392 to 1394, a suit in O.S.No.259 of 1996 has been filed on the file of the Court of District Munsif, Kumbakonam, and the same is pending. THE default of the respondents as stated above is nothing but wilful; that the respondents have not even paid the said arrears as contemplated by the Act 60 of 1986 and hence, they render themselves liable for eviction. Ultimately, the learned counsel would pray that both the above revision petitions have to be remanded for reconsideration in the context of the position of law.