R. Seshier vs T. Ayyachi Ambalam

Maheswaran, J.—This revision is preferred by the landlord, Seshier, against the order in T. C. T. P. No. 171 of 1977 on the file of the

Authorised officer (Land Reforms), Madurai granting remission of the rent payable by the respondent tenant ,Ayyachi Ambalam, in an application

filed by the revision petitioner for eviction of the respondent.

The case of the revision petitioner was that the respondent-tenant has not paid the fair rent fixed for the first bogam of fasli 1387 and therefore

he should be evicted, The contention of the respondent was that there was 40 proper yield due to heavy rains and pest infections and that there

was only 40 per cent yield, The learned Authorised Officer on the evidence of P. W. 2, karnam of the Sholavandan village, came to the conclusion

that there was only 40 per cent of the normal yield from out of the lands and ordered payment of proportionate rent. The landlord challenges that

order of the Authorised Officer.

Mr. Subbiah, learned counsel for the petitioner, contended that the Authorised Officer will have no jurisdiction to grant remission or to order

proportionate payment of fair rent in view of the fact that there is no provision in Act XXV of 1955, as amended by Act 14 of 1956. This

contention appears to be well founded. The landlord in this case filed an application tinder S. 3(4) of the said Act to evict the cultivating tenant as

he has not paid the rent for the first bogam of fasli 1387. A reading of S. 3(4)(b) shows that on receipt of an application, the Revenue Divisional

Officer shall after giving reasonable opportunity to the landlord and the cultivating tenant to make their representations, shall hold a summary inquiry

into the matter and pass an order either allowing the application Or dismissing it and in a case falling under Cl. (a) or cl. (aa) of sub-sec. (2) in

which the tenant has not availed of the provisions contained in sub-sec. (3), the Revenue Divisional Officer may allow the cultivating tenant such

time as he considers just and reasonable for depositing the arrears of rent payable by the cultivating tenant under the Act and on such payment, the

tenant shall be deemed to have paid the rent and if he does not pay the rent, the Revenue Divisional Officer may order evicting him. It is therefore

obvious that the officer acting under this Act has either to allow the application or to dismiss it after hearing the representations of the parties who

have been served and in case he finds the tenant is in arrears, he may, in his discretion grant some time for depositing such arrears and if the

cultivating tenant does not comply with the order, he may pass an order of eviction. There is nowhere any provision in this Act for the Authorised

Officer to pass an order reducing the fair rent fixed and directing the cultivating tenant to pay proportionate rate of rent even assuming that the

crops were damaged by rain and pests it therefore appears to me that, the Authorised officer will not have jurisdiction to grant remission of the rent

fixed in other proceedings. It is not disputed and it is also seen from Ex. B. I and also from the order of the learned Authorised Officer that fair rent

has been fixed in respect of the land of the revision petitioner cultivated by the tenant respondent. In Ramaswami Gounder v. Perianna Moopan,

(1959) 1 MLJ 122, Ramachandra Iyer J. as he then was, took the view that a Revenue Court under the Madras Cultivating Tenants Protection

Act will not have the power to remit the rent due by a tenant on the ground of failure of crop, I am in respectful accord with this view of the learned

Judge and as the Authorised Officer has clutched at the jurisdiction not vested in him this revision has to be allowed and is hereby allowed. The

tenant has therefore to pay the full arrears of rent. The result is the order of the Authorised Officer is set aside.

Learned counsel for the petitioner and the respondent now agree that the tenant can deposit Rs. 1000 in full quit of the amount due for the first

bogam of fasli 1387 within a period of two months from this date and if the tenant does not pay the rent, the landlord may take such action for

evicting the tenant. Accordingly, the tenant is granted two months, time for deposit of the amount of Rs. 1000 (Rs. one thousand only) in addition

to the sum of Rs. 741, already deposited into the court of the Special Deputy Collector, Revenue Court, Tirunelveli, failing which the landlord may

take steps to evict the tenant. There will be no order as to costs in this revisions.

Revision allowed.