TMT N SHANRUGASUNDARAMBAL Vs. THIRU ELUMALAI

LAWS(SC)-1987-10-45

SUPREME COURT OF INDIA

Decided on October 05,1987

N.SHANRUGASUNDARAMBAL Appellant

VERSUS

THIRU ELUMALAI Respondents

JUDGEMENT

- (1.) ORDER
(2.) SPECIAL leave granted. Arguments heard. After hearing learned counsel for the parties at some length, we are satisfied that the High court manifestly erred in passing the order that it did. It has remitted back the application for eviction under s.3(4)(a) read with s. 3(2) of the Tamil Nadu Cultivating Tenants Protection Act, 1955 for a decision afresh by an officer to be named by the Collector on the wrongful assumption that there .is no decision reached on the crucial question left undetermined. It failed to appreciate that there is a specific finding reached by the Special Deputy Collector, Coimbatore dated 15/03/1987 on the question as to whether the respondent was a cultivating tenant within the meaning of s.3(2)(d) of the Act. We find that the learned Special Deputy Collector has during the course of his order has dealt with the evidence and come to a definitive conclusion that the respondent was not cultivating the land but had sublet it to others and therefore was not entitled to the protection of the-Act. It appears that the High court in remanding the matter overlooked the first part of the order of the learned Special Deputy Collector where this question is dealt with and was misled into thinking that he had rested his decision on the ground that there was denial of title. In the premises, we find it difficult to sustain the order of the High court remanding the proceedings. Accordingly, the appeal succeeds and is allowed. The Judgment and order passed by the High court are set aside and the order passed by the special Deputy Collector, Coimbatore is restored. There shall he no order as to costs.;

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