Chinnamuthu Gounder And Ors. Etc. VS. P.A.S. Perumal Chettiar

Reporting JudgeGrover

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Summary

The respondent, who was the occupancy ryot of an inam village, filed a suit for eviction of his lessees, the appellants (who were the cultivating tenants), and for possession of the land. The appellants set up occupancy rights in themselves as a defence. The lower courts and the High Court found that the appellants wilfully denied the title of the respondent. and decreed the suit.

On the question of the jurisdiction of the civil court to try the suit,

HELD : Under s. 6A of the Madras Cultivating Tenants Protection Act, 1955, the civil court is bound to transfer a suit for possession to the Revenue Divisional Officer only if the defendant proves that he is a cultivating tenant entitled to the benefits under the Act, that is, if he prove,-, the existence of both the conditions, namely : (a) that he is a cultivating tenant, and (b) that he is entitled to the benefits under the Act., Under s. 3(2)(d) of the Act, however, a tenant cannot claim the benefits under the Act if he wilfully denies the title of the landlord. Therefore, as the appellants became disentitled to the benefits under the Act, the civil court was competent to try the suit. [706 D-

The fact that the civil court has to decide initially some questions within the jurisdiction of the Revenue Court does not affect the interpretation of s. 6A. [706 F-G]

V. Kuppuswami & Ors. v. Sri Subramaniaswami Devasthanam at Thiruvidakkazhi by its Trustees Kanakasabhai Pillai and Muthuramalinga Chettiar & Ors. (1958) 1 M.L.J. 208, approved.

M. S. Ramachandra Sastrigal v. Kuppuswami Vanniar,

[1961] 1 M.L.J. 335, referred to.

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Extract

Chinnamuthu Gounder And Ors. Etc. VS. P.A.S. Perumal Chettiar

PETITIONER: CHINNAMUTHU GOUNDER AND ORS. ETC.

Vs.

RESPONDENT: P.A.S. PERUMAL CHETTIAR

DATE OF JUDGMENT: 16/02/1970

BENCH: GROVER, A.N.

SHAH, J.C.

HEGDE, K.S.

CITATION: 1970 AIR 1197 1970 SCR (3) 704 1970 SCC (1) 451

ACT: Madras Cultivating Tenants Protection Act (Mad. 25 of 1955), ss. 3(2)(d) and 6A--Scope of.

JUDGMENT: CIVIL APPE...

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