Madras High Court
Anbuchellayan vs J.Ramachandran on 10 March, 2021
C.M.A.No.4664 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.4664 of 2019
AnbuChellayan ..Appellant
Vs.
1.J.Ramachandran
2.J.Lakshmanan
3.Tmt.C.Rani
4.Tmt.V.Rajeswari
5.Thiru.Krishnan ..Respondents
Prayer : Civil Miscellaneous Appeal filed under Article 227 of
Constitution of India r/w Section 6B of the Tamilnadu Cultivating
Tenant Protection Act, against the order dated 31.07.2019 in P.No.05 of
2017 on the file of Special Deputy Collector, Revenue Court,
Nagapattinam.
For Appellant : Mr.N.Krishna Kumar
For Respondents : R1 to R5 – Mr.S.Sathiachandran
Mr.Aravind Gosh
Additional Government Pleader
(CS)
1/6
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4664 of 2019
JUDGMENT
The order dated 31.07.2019 passed in P.No.05 of 2017 on the file
of the Special Deputy Collector, Revenue Court, Nagapattinam is under
challenge in the present Civil Miscellaneous Appeal.
2. The appellant claims to be cultivating tenant and the
respondent/landlords filed a Petition No.05 of 2017 before the Revenue
Court, Nagapattinam for the relief of eviction from their cultivating
land. The allegation against the appellant was that he was not cultivating
the land nor paying the lease amount and therefore, he is liable to be
evicted from the land belongs to the respondents/landlord. This apart,
there was an allegation of sub lease by the appellant with reference to
the lands belong to the respondents/landlord.
3. The Special Deputy Collector / Revenue Court, Nagapattinam,
adjudicated the issues with reference to the documents and evidences.
The Special Deputy Collector elaborately considered the pleadings as
well as the evidences. Various documents were marked. The
respondents have filed all the title deeds as well as the Revenue
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C.M.A.No.4664 of 2019
Records. However, the appellant filed one Document dated 07.03.1980
i.e., the sale agreement. Except the sale agreement, the appellant could
not able to file any other document to establish his right with reference
to the subject properties. Based on the documents filed by the
respondents, the Special Deputy Collector, Revenue Court, adjudicated
the issues and made a categorical finding that the respondents herein are
the landlords and further, the appellant claims to be an agreement
holder, who in turn, had not approached any competent Court of law for
any relief. Contrarily, he is in possession of the property in an illegal
manner without even paying the lease amount and further, he submit the
lands in favour of the unknown persons.
4. However, the Special Deputy Collector made a finding that the
appellant is the leaseholder from their forefathers period and however,
he has not paid the lease amount or the benefits to the landlords for
many years. The appellant could not able to submit any proof to
establish that he has paid the lease amount or the benefits to the
landlords. As far as the sale agreement is concerned, no actions were
initiated by the appellant, despite the fact that the said sale agreement
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C.M.A.No.4664 of 2019
was entered into between the parties on 07.03.1980 and therefore, the
said sale agreement also became lapsed. Accordingly, no actions were
taken to execute the sale agreement and thus, the Special Deputy
Collector, Revenue Court arrived a conclusion that the appellant should
pay the lease amount on or before 29.08.2019, failing which, appropriate
actions will be taken to evict the appellant from the lands belonged to
the respondents/landlords.
5. Even before this Court, the appellant could not able to establish
that he has paid the lease amount. Admittedly, the respondents are the
landlords and the appellant is a cultivating tenant from the basis of his
father and further, the appellant could not able to establish that he is
cultivating the lands regularly and paying the lease amount to the land
lords. In the absence of proof to that effect, this Court do not find any
perversity or infirmity with reference to the order passed by the Special
Deputy Collector, Revenue Court, Nagapattinam.
6. Mr.Aravind Gosh, learned Additional Government
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C.M.A.No.4664 of 2019
Pleader(CS), after getting instructions and relevant documents from the
Revenue Department, submitted the copies of the Revenue
records(Patta), which clearly indicates that the respondents are the
owners of the subject property. Thus, even now the respondents are the
absolute owners of the subject property and therefore, they have got
every right to seek the eviction of the appellant from their lands as he
has not established that he paid the lease amount or the benefits for past
many years.
7. In this view of the matter, the appellant is liable to be evicted
from the lands and the possession is to be handed over to the
respondents/landlords. The appellant lost his right to continue the
possession in respect of the lands belong to the respondents/landlords
and therefore, all appropriate actions are to be taken to evict the
appellant from the subject lands.
S.M.SUBRAMANIAM, J.
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C.M.A.No.4664 of 2019
kak
8. In this view of the matter, the order dated 31.07.2019 passed in
P.No.05 of 2017 stands confirmed and the Civil Miscellaneous Appeal
in C.M.A.No.4664 of 2019 stands dismissed. No costs.
10.03.2021
kak
Index: Yes/No
Internet:Yes/No
Speaking order/Non-Speaking Order
To
The Special Deputy Collector,
Revenue Court,
Nagapattinam.
C.M.A.No.4664 of 2019
https://www.mhc.tn.gov.in/judis/
