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P. Silamban Vs. G. Ramamurthy Iyer - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai High Court
Decided On
Reported in(1982)2MLJ107
AppellantP. Silamban
RespondentG. Ramamurthy Iyer
Excerpt:
- - aggrieved bv the above order of the revenue court, tiruvarur, the tenant has come forward with this civil revision petition under section 6-b of act xxv of 1955, inter alia contending that the revenue court has failed to exercise its judicial discretion to grant further time for the payment of arrears and the denial of a further chance makes the order in question revisable under section 6-b of the act xxv of 1955. 2. it is relevant to note that this court (s.s. swamikkannu, j.1. this civil revision petition has been filed by the tenant aggrieved by the order of the revenue court, tiruvarur in p. no. 185 of 1980, dated 26th november, 1980 on the petition filed under section 3(4)(a) of act xxv of 1955 for evicting the tenant from the lands for non-payment of lease rent for fasli 1388 and 1389. a preliminary order was passed by the revenue court, tiruvarur, directing the tenant to deposit a sum of rs. 1,191.09, together with costs of rs. 10 on or before 25th november, 1980. on 26th november, 1980, the tenant was absent and no payment or deposit was also made. in the circumstances, the revenue court, tiruvarur held that the tenant had rendered himself liable to be evicted from the lands. it was so held by the revenue court, tiruvarur directing.....
Judgment:

S. Swamikkannu, J.

1. This civil revision petition has been filed by the tenant aggrieved by the order of the Revenue Court, Tiruvarur in P. No. 185 of 1980, dated 26th November, 1980 on the petition filed under Section 3(4)(a) of Act XXV of 1955 for evicting the tenant from the lands for non-payment of lease rent for Fasli 1388 and 1389. A preliminary order was passed by the Revenue Court, Tiruvarur, directing the tenant to deposit a sum of Rs. 1,191.09, together with costs of Rs. 10 on or before 25th November, 1980. On 26th November, 1980, the tenant was absent and no payment or deposit was also made. In the circumstances, the Revenue Court, Tiruvarur held that the tenant had rendered himself liable to be evicted from the lands. It was so held by the Revenue Court, Tiruvarur directing the tenant to hand over peaceful possession of the lands to the landlord. Aggrieved bv the above order of the Revenue Court, Tiruvarur, the tenant has come forward with this civil revision petition under Section 6-B of Act XXV of 1955, inter alia contending that the Revenue Court has failed to exercise its judicial discretion to grant further time for the payment of arrears and the denial of a further chance makes the order in question revisable under section 6-B of the Act XXV of 1955.

2. It is relevant to note that this Court (S.M.J.) on 13th February, 1981 in C.M.P. No. 144 of 1981 in this C.R.P. No. 373 of 19S1 has made the following order:

Interim stay on condition that the petitioner deposits Rs. 1,202 to the credit of P. No. 185 of 1980 on the file of the Revenue Court, Tiruvarur, on or before 19th February, 1981, failing which the order of stay will stand vacated. Notice returnable in two weeks.

On 19th March, 1981, this Court (Ratnam, J.), has made the following order:

The learned Counsel for the petitioner represents that the condition imposed by the order of this Court dated 13th February, 1981, has been complied with and that a sum of Rs. 1,201 has been deposited to the credit of P. No. 185 of 1980, Revenue Court, Tiruvarur. Taking this circumstance into account, the interim stay granted already is made absolute. However the respondent will be permitted to withdraw the sum without furnishing security.

3. Now it is represented by the learned Counsel for the revision petitioner that now that the amount has been paid in full, there cannot be any grievance for the landlord and the question whether there had been any wilful default in the payment of rent can be gone into by the Revenue Court and the ex parte decree set aside. It is relevant to note that this Civil Revision Petition No. 373 of 1981 is filed against the above order made by the Revenue Court in P. No, 185 of 1980, dated 26th November, 1980. The petition had been filed by the landlord under Section 3(4)(a) of Act XXV of 1955, praying that the tenant may be ordered to be evicted from the petition lands on the ground that the tenant is a chronic defaulter and that there ate prior arrears for which eviction petitions had been filed and that the tenant is in arrears of rent as stated in column 7 of the petition, namely, 1388-F. 1, 21. K 10 bundles, 1389-F. 2. 21 K 10 bundles in both faslis. Under the circumstances, the ex parte order becomes liable to be set aside by this Court and the order becomes revisable. Therefore, the order of the Revenue Court is set aside. But it does not mean that the landlord gets the order of eviction in his favour or that an order detrimental to the tenancy held by the revision petitioner herein has been passed by this Court. What this Court means by revising the order is that the Revenue Court has to take the matter afresh on file and deal with the matter on merits by allowing both sidles to adduce evidence both oral and documentary,. The order in question is revisable on the ground mentioned above in that a reasonable opportunity should be given to the tenant for putting forth his case as incorporated by him in his counter that had been filed by him on 16th March, 1980.

4. Under the circumstances, the revision petition is allowed. The matter is remitted back to the Revenue Court, Tiruvarur for fresh consideration of the issue involved without any delay whatsoever after giving reasonable opportunities to both sides to adduce evidence both oral and documentary. There will be ho order as to costs, in this revision petition.

5. As the matter is that of the year 1980, the Revenue Court, Tiruvarur is directed to dispose of the petition within a month from the date of receipt of records from this Court.


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