RAVI JEEVANANDAM Vs. LAKSHMI NARASIMHAVARI DEVASTHANAM ANTERVEDI

JUDGEMENT

(1.) The controversy in this case is in short compass. The respondents filed an eviction petition being A.T.C. No. 14/94 for eviction of the petitioner from the leased property, the petitioner being tenant of the respondents. Along with the Tenancy case an application was filed for temporary injunction as according to the respondents the petitioner-tenant was causing destruction to the land under lease by constructing a house. An ex parte interim injunction was granted by the Special Officer-cum-Principal District Munsif. After the injunction was passed it was contended before the Special Officer that the injunction granted is being violated, therefore, action was sought in terms of Order 39, Rule 2-A of C.P.C. The Special Officer held that the order of injunction had been violated and the petitoner was punished. He was ordered to be detained in a Civil prison for a period of 30 days. He filed an appeal, in appeal also he did not succeed and the order of Special Officer was upheld. Now, this revision petition has been filed.

(2.) The order of the Courts below has been challenged only on one contention that the Special Officer created under the Tenancy Act was not a Court and he had no power to punish the petitioner under Order 39 of C.P.C. It is contended that the order of injunction passed by the Special Officer was not an order under Order 39 of C.P.C., therefore, for the violation of such an order the petitioner could not have been punished in terms of Order 39, Rule 2-A of C.P.C.

(3.) The learned Counsel for the parties were heard. Mr. P. Sree Raghuram, Advocate as Amicus Curiae was also heard. Before deciding the controversy as to whether Order 39 of C.P.C. is applicable to proceedings under the Tenancy Act, or not, it will be profitable to refer to certain provisions of the Tenancy Act and the Rules made thereunder. Special Officer is defined under Section 2(j) which states, Special Officer means any Judicial Officer not below the rank of a District Munsiff appointed by the Government in consultation with the High Court to perform the functions of a Special Officer under the Act. Section 16 of the Act lays down the forum for adjudication of disputes and it is stated that, any dispute arising out of the Act between the landlord and tenant be decided on an application before the Special Officer after making enquiry in the manner prescribed. It also lays down that, any order passed by the Special Officer would be appealable and appeal would lie to the District Judge. Section 17 lays down that the Act would have overriding effect over all other laws. Section 19 gives the power to Government to make rules for carrying out the purposes of the Act. It specifically gives power to the Government to lay down the procedure to be followed in making the enquiries and hearing the appeals under the Act. It also gives the power to lay down the rules for the execution or enforcement of orders or decisions passed under the Act. The A.P. Tenancy Rules, 1980 were framed by the Government in exercise of the power under Section 19 of the Act. Rule 18 lays down : "18. Nature of proceedings : (1) All proceedings before the Special Officer or the District Judge under the Act shall be summary and shall be governed, as far as may be, by the provisions of the Code of Civil Procedure, 1908."