Madras High Court
R.Jayachandran vs Mohamed Sirajudeen on 22 July, 2021
Rev.Application(MD).No.38 of 2021 and
CMP(MD).No.5078 of 2021
in S.A(MD).No.58 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Rev.Application(MD).No.38 of 2021
and
CMP(MD).No.5078 of 2021
in
S.A(MD).No.58 of 2021
R.Jayachandran ...Applicant
Vs.
1.Mohamed Sirajudeen
2.Mohammed Bakrudeen
Murugan(died)
3.Malathi
4.Pandeeswari
5.Thennarasu
6.Pandiarasu ..Respondents
Prayer: Review Petition filed under Order XLVII Rule 1 r/w. Section 114 of
C.P.C., praying to review the judgment and decree dated 10.02.2021 passed
in S.A(MD).No.58 of 2021.
For Applicant : Mr.D.Malaichamy
1/7
https://www.mhc.tn.gov.in/judis/
Rev.Application(MD).No.38 of 2021 and
CMP(MD).No.5078 of 2021
in S.A(MD).No.58 of 2021
ORDER
This review petition is at the instance of the appellant in
S.A(MD).No.58 of 2021.
2.The suit was laid by the appellant seeking permanent injunction
restraining the defendants 1 and 2, who are admittedly the legal heirs of the
owner of the property from interfering with his possession on the ground
that he is in possession of the property as a cultivating tenant. According to
the plaintiff, his father's maternal grand mother, Nallammal became a
cultivating tenant from 1969 and cultivated the property by contributing her
own physical labour and that of her family members. The said tenancy was
also registered with the Officer authorized to register tenancies under
Tamilnadu Agricultural Land Record of Tenancy Rights Act (Act 10 of
1969).
3.According to the plaintiff, on the death of the plaintiff's father's
maternal grand mother, Nallammal in the year 1979, her only daughter,
https://www.mhc.tn.gov.in/judis/
Rev.Application(MD).No.38 of 2021 and
CMP(MD).No.5078 of 2021
in S.A(MD).No.58 of 2021
Ayyakkal, who is the paternal grand mother of the plaintiff was cultivating
the property by contributing her own physical labour as a cultivating tenant.
After the death of said Ayyakkal, the father of the plaintiff, Raju Thevar was
the cultivating tenant. On the death of Raju Thevar on 10.06.2005, the
plaintiff continued to cultivate the property. Claiming that the defendants 1
and 2 attempted to interfere with his possession, the plaintiff sought for a
decree for permanent injunction restraining the defendants from interfering
with his possession of the property.
4.The suit was resisted by the 4th defendant contending that the
plaintiff was never in possession of the property and he was not a
cultivating tenant. The 4th defendant also claim that the maternal grand
mother of the plaintiff's father, Nallammal also did not cultivate the
property. The Trial Court dismissed the suit on the conclusion that the
plaintiff has not established that he has been contributing his own physical
labour in cultivation of the property as required under the Tamilnadu
Cultivating Tenants Protection Act, 1955. The Court also faulted the
plaintiff for not having disclosed the existence of the other legal heirs of
https://www.mhc.tn.gov.in/judis/
Rev.Application(MD).No.38 of 2021 and
CMP(MD).No.5078 of 2021
in S.A(MD).No.58 of 2021
Raju Thevar. On the said conclusion, the learned Trial Judge dismissed the
suit. Aggrieved, the plaintiff preferred an appeal in A.S.No.79 of 2015. The
Appellate Court concurred with the findings of the Trial Court and
dismissed the appeal. Aggrieved, the plaintiff preferred second appeal in
S.A(MD).No.58 of 2021. I had dismissed the second appeal on 10.02.2021,
aggreing with the conclusions of the Trial Court and the Appellate Court to
the effect that the plaintiff has not established that he is contributing his
own physical labour or that of any members of his family in cultivation of
the lands. It is the judgment, which is sought to be reviewed.
5.Heard, Mr.D.Malaichamy, learned counsel appearing for the
review applicant.
6.Mr.D.Malaichamy would vehemently contend that both the Trial
Court as well as th Appellate Court had based their conclusions only on the
premise that the plaintiff has not disclosed the existence of the legal heirs
and the said premise, according to the learned counsel is incorrect, since as
per the definition of the term cultivating tenant found in the Section 2(aa) of
https://www.mhc.tn.gov.in/judis/
Rev.Application(MD).No.38 of 2021 and
CMP(MD).No.5078 of 2021
in S.A(MD).No.58 of 2021
the Tamilnadu Cultivating Tenants Protection Act, a person, who contributes
his own physical labour or any members of his family could be a tenant de
hors, the availability of other heirs of the deceased cultivating tenant.
Therefore, according to Mr.D.Malaichamy, the fact that the Trial Court as
well as the Appellate Court had over looked a very essential ingredient,
while recording a finding against the petitioner herein vitiates the same.
7.I have bestowed my anxious consideration of the contentions of
the learned counsel. I am unable to countenance the submissions of the
learned counsel appearing for the review applicant. Both the Courts below,
apart from finding that the plaintiff is not the only legal heir of Raju Thevar,
have also recorded specific findings to the effect that the plaintiff has not
established that he has been cultivating the property by contributing his own
physical labour or that any members of his family. Of course, the Courts
have referred to the fact that the plaintiff has suppressed the existence of
https://www.mhc.tn.gov.in/judis/
Rev.Application(MD).No.38 of 2021 and
CMP(MD).No.5078 of 2021
in S.A(MD).No.58 of 2021
other heirs of Raju Thevar but that by itself has not been made a reason for
rejecting the claim of the plaintiff. I therefore, do not see any substance of
the review. The review application is therefore, dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
22.07.2021
kkn
Internet:Yes
Index:No
Speaking
https://www.mhc.tn.gov.in/judis/
Rev.Application(MD).No.38 of 2021 and
CMP(MD).No.5078 of 2021
in S.A(MD).No.58 of 2021
R.SUBRAMANIAN, J.
KKN
Rev.Application(MD).No.38 of 2021
and CMP(MD).No.5078 of 2021
in S.A(MD).No.58 of 2021
22.07.2021
https://www.mhc.tn.gov.in/judis/
