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Kumarapa Chettiar and ors. Vs. Podisal and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in102Ind.Cas.664
AppellantKumarapa Chettiar and ors.
RespondentPodisal and anr.
Excerpt:
.....act (i of 1908), sections 73 and 205 - appraisement proceedings--tenant's denial of landlord's right to collect waram--collector, whether loses jurisdiction to inquire--revision before district collector under section 205--grounds of interference. - securitisation & reconstruction of financial assets & enforcement of security interest act, 2002 [c.a. no. 54/2002]section 17; power of tribunal to impose condition relating to deposit for grant of stay of auction held, there is no specific provision made under section 17 of securitisation act or under any other provisions of the said act empowering the tribunal to pass any interim order. but under sub-section (12) of section 19 of the recovery of debts due to banks and financial institutions act, 1993, the tribunal has been empowered to..........the madras estates land act on a revision filed before him from an appraisement proceedings by the deputy collector under sections 74 and 75 of the act. the points for decision before the collector were, first of all, whether the application on the facts found by the deputy collector would lie under section 74 of the act, and whether the applicant was the person entitled to ask for the appraisement assuming that the facts were in existence which would entitle the landlord to invoke section 74. the deputy collector heard the evidence and allowed the application of the petitioner here. the collector in revision was of opinion that the applicant was not entitled to file the application but he set aside the order of the deputy collector in respect of certain of the lands referred to in the.....
Judgment:

1. This civil revision petition arises out of an order passed by the Collecter under Section 205 of the Madras Estates Land Act on a revision filed before him from an appraisement proceedings by the Deputy Collector under Sections 74 and 75 of the Act. The points for decision before the Collector were, first of all, whether the application on the facts found by the Deputy Collector would lie under Section 74 of the Act, and whether the applicant was the person entitled to ask for the appraisement assuming that the facts were in existence which would entitle the landlord to invoke Section 74. The Deputy Collector heard the evidence and allowed the application of the petitioner here. The Collector in revision was of opinion that the applicant was not entitled to file the application but he set aside the order of the Deputy Collector in respect of certain of the lands referred to in the order on the ground that the tenants denied that the landlord had any right to collect melwaram and that this mere denial puts an end to the power of the Deputy Collector to act under Section 73 of the Estates Land Act. I think the Collector is clearly wrong in the view that a mere denial by the tenants ousts the jurisdiction under Sections 73, 74 and 75, of the Deputy Collector to make enquiry. This part of the order is not supported by the respondent. The powers of the Collector under Section 205 are limited and he cannot go into the weight of the, evidence or decide the matter as if it was an appeal on the facts to him. Section 205 gives him power to act only if the Revenue Officer appears to have exercised a jurisdiction not vested in him by law or to have failed to exercise a jurisdiction so vested or while acting in the exercise of his jurisdiction to have contravened some express provisions of law affecting the decision on the merits or where such a contravention has produced serious miscarriage of justice. I think it is clear that before the Deputy Collector can not it must be shown that the petitioner was entitled to apply for appraisement and if on the facts proved before him such a right is not proved the obvious course on revision would be to set aside the order as being one passed by the Deputy Collector without jurisdiction.

2. Mr. Muthiah Madaliar argues that the right of the petitioner has not been proved on the evidence on record. I think that this petition ought to go back to the Collector for the purpose of ascertaining whether in his view the petitioner has proved his right to come before the Deputy Collector for appraisement. If there is no evidence to support his right the order on the revision petition of the Collector would be to allow the revision if he considers that there has been a miscarriage of justice. If the petitioner is found to be entitled to apply for appraisement it is clear that a mere denial by the tenants would not affect his rights. I set aside the order of the Collector and remand the petition to him for disposal in the light of the above observations. It is also contended that the Collector has not dealt with the other grounds raised before him in revision and the Collector will decide all the points raised. Costs will abide and follow the result.


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