Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1955 – ss.3 and 4 Tamil Nadu Cultivating Tenants Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Tamil Nadu Cultivating Tenants Protection Act, 1955 (25 of 1955) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Tamil Nadu Cultivating Tenants Protection Act, 1955 – ss. 3 and 4 – Eviction under – The respondent No.1 filed T.C.T.P. No. 5 of 2015 before the Revenue Court against the appellants seeking their eviction on account of not having paid the lease rent for Fasli 1419 to Fasli 1424 (corresponding to the years 2009 to 2014) – On 04.02.2019 Revenue Court, ordered the appellants to pay lease rent of 31½ bags of paddy or the amount equivalent to it, to the respondents, within two months from the receipt of the Order, failing which eviction proceedings would be initiated against the appellants – Lease amount was finally deposited by the appellants on 18.02.2021 – Respondent no.1 then filed application before the Revenue Court, seeking eviction of the appellants – Revenue Court allowed the same vide order dated 03.12.2021, on the ground that the appellants did not deposit the lease rent amount within two months – High Court dismissed the revision petition filed by the appellants challenging the order of Revenue Court – On appeal, held: The substantive order dated 04.02.2019, passed by Revenue Court, was never assailed by the appellants and thus had attained finality – Further, the compliance of the order of revenue court was not made within two months from the date of order – S. 3 and s.4 of the 1955 Act will not come to the rescue of the appellants because as per s. 3, late payment of the rent as per the direction of the Revenue Court is clearly a valid ground for effecting eviction and likewise, s. 4 provides for restoration of possession only in limited cases and that too when the default is of only one year of lease amount to be paid; whereas in the present case, the default was for three Fasli years – Appeal was without any merit. |
Judge | Hon'ble Mr. Justice Ahsanuddin Amanullah |
Neutral Citation | 2023 INSC 518 |
Petitioner | K. Chinnammal (dead) Thr. Lrs. |
Respondent | L. R. Eknath & Anr. |
SCR | [2023] 6 S.C.R. 831 |
Judgement Date | 2023-05-11 |
Case Number | 3626 |
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