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)Mohamed Yusuff vs )Anandhavalli Ammal

Madras High Court|22 March, 2017

JUDGMENT / ORDER

This revision petition is arising out of the interlocutory order passed by the revenue authority under the Tamilnadu Cultivating Tenants' Protection Act, 1955.
2.The impugned order which is under challenge is a direction to the tenant to pay Rs.62,000/- towards the arrears of rent on or before 18.11.2002.
3.Aggrieved by the said order, the tenant has preferred this revision, alleging that the revenue authority while fixing the fair rent has not taken note of the exact rent payable or the cost of the paddy. Further, it is contended that though the tenant is not cultivating any black gram, the revenue authority has directed the tenant to pay the value of one bag of blackgram, which is contrary to the fact.
4.At the time of admission, this Court has passed a conditional order of stay. Thereafter, there is no material placed before this Court whether the tenant/revision petitioner is paying the admitted rent to the landlord.
5.Further, the 1st respondent/Ananthavalli Ammal, who is the petitioner in the proceedings initiated before the Tahsildar, Trichirappalli, in ep.F.ep.k.vz; 99/89 dated 01.11.1993, for fixation of fair rent, died on 04.03.2004 leaving behind four legal representatives. Though the same was intimated to the counsel for the revision petitioner, vide letter dated 08.08.2004, timely steps was not taken and thus there was a delay of 81 days in filing the application to set aside the abetment and to bring the legal representatives on record. Till date, though sufficient opportunity was given to the revision petitioner to take steps, the revision petitioner could not find the address of the legal representatives and take steps.
6.Since the revision petitioner has not taken diligent steps to bring the legal representatives of the contesting respondent on record, the condone delay petition in CMP.No.1213 of 2005 is dismissed. Consequently, the Civil Revision Petition is dismissed as abated. No costs. CMP.Nos.1214 and 1215 of 2005 are closed.
To The Revenue Court, Tiruchirapalli..
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Title

)Mohamed Yusuff vs )Anandhavalli Ammal

Court

Madras High Court

JudgmentDate
22 March, 2017