M V SUNDARACHAR DIED Vs. ALAGAPPAN

JUDGEMENT

(1.) THE plaintiffs are the appellants in this second appeal. THE suit was originally instituted by one Sundarachar. But, on his death, plaintiffs 2 to 11 were brought on record as his legal representative. He leased item No. 1 of the suit property to the first defendant in the year 1965 for a period of one year. According to him, after the expiry of the period of lease, the first defendant surrendered possession of the land to him and he was cultivating the land on his own thereafter. It was alleged that the first defendant was claiming to be the cultivating tenant of the suit property so as to be entitled to possession thereof and he, therefore, came forward with the suit for declaration and injunction.

(2.) THE first defendant in his written state -ment accepted that the property belonged to the plaintiff, but he denied that the lease in his favour was only for one year. He denied also that there was any surrender by him after the period of one year. According to him, he continued to be a tenant entitled to the protection of the Tamil Nadu Cultivating Tenants Protection Act, 1955. THEre were three other defendants who did not file any written statement.

(3.) THE only question raised in this second appeal is, whether the civil Court had no jurisdiction to entertain in the suit" Section 6 and 6-A are the material provisions to be considered and, therefore, they are reproduced below: