CHINNAMARKATHIAN ALIAS MUTHU GOUNDER & ANOTHER versus AYYAVOO ALIAS PERIANA GOUNDER & OTHERS

CHINNAMARKATHIAN ALIAS MUTHU GOUNDER & ANOTHER versus AYYAVOO ALIAS PERIANA GOUNDER & OTHERS

Composite orders by the Revenue Divisional Officer, granting time for deposit of rent and simultaneously providing for eviction upon default, are contrary to Section 3(4)(b) of Madras Cultivating Tenants Protection Act; eviction orders may be passed only after default actually occurs. Orders passed in contravention are without jurisdiction; since arrears were complied with, tenants are entitled to protection against eviction under the Act.

Parties
Appellant: Chinnamarkathian alias Muthu Gounder & Another; Respondent: Ayyavoo alias Periana Gounder & Others
Jurisdiction
India
Judgment Date
10 December 1981
Procedural Posture
Civil Appeal / Supreme Court Appeal From Madras High Court Judgment Dated 16 February 1965 in Civil Revision Petition Nos. 2399, 2400 & 2401 of 1961
Outcome
Appeals allowed
Legal Topics
Cultivating Tenants Protection, Eviction Proceedings, Arrears of Rent, Procedure Under Madras Cultivating Tenants Protection Act
Land Law Tenancy Law Cultivating Tenants Protection Eviction Proceedings Arrears of Rent Procedure Under Madras Cultivating Tenants Protection Act

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Parties

Chinnamarkathian alias Muthu Gounder & Another

Appellant

Ayyavoo alias Periana Gounder & Others

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Madras High Court Judgment Dated 16 February 1965 in Civil Revision Petition Nos. 2399, 2400 & 2401 of 1961

Legal Issues

  1. 1 Whether a composite order by Revenue Divisional Officer granting time for deposit of arrears of rent and simultaneously providing for eviction upon default is valid under Madras Cultivating Tenants Protection Act 1955, S. 3, 4(a) & (b)

Ratio Decidendi

Composite orders by the Revenue Divisional Officer, granting time for deposit of rent and simultaneously providing for eviction upon default, are contrary to Section 3(4)(b) of Madras Cultivating Tenants Protection Act; eviction orders may be passed only after default actually occurs. Orders passed in contravention are without jurisdiction; since arrears were complied with, tenants are entitled to protection against eviction under the Act.

Court Disposition

Appeals allowed

Orders

  • Declaration that tenants are entitled to protection against eviction under the Act.
  • No need to remit case to Revenue Divisional Officer since arrears were complied with decades ago.