- (1.) THE petitioner/first respondent has projected the Civil Revision Petition as against the fair order dated 10/6/2005 in T.C.T.P No.189 of 1991 passed by the Special Deputy Collector, Madurai/Revenue Court.
(2.) THE Revenue Court/Special Deputy Collector, Madurai, while passing the orders in T.C.T.P No.189 of 1991 dated 10/6/2005 as among other things observed that the respondents therein viz., the petitioner in Civil Revision Petition and the second respondent in Civil Revision Petition as well as in T.C.T.P No.189 of 1991 are established to be the cultivating tenants and as such they have been directed to pay a sum of Rs.25,000/- as five years arrears of lease rent for the period from 1987 as per oral agreement dated 20/1/1985 in respect of suit lands and the said amount has been directed to be paid within a period of two months. The learned counsel appearing for the petitioner/first respondent submits that the order of the Revenue Court in T.C.T.P No.189 of 1991 dated 10/6/2005 is an erroneous one and as a matter of fact, the Revenue Court should have directed the parties to approach the Civil Court to get their title confirmed. It is also the contention of the learned counsel for the revision petitioner that the first respondent/petitioner has not established the alleged tenancy and the alleged rent by means of oral and documentary evidence.
(3.) IN short, it is the contention of the learned counsel for the petitioner that if the order of the Revenue Court dated 10/6/2005 is allowed to stand, then, it will result in miscarriage of justice besides causing irreparable hardship to the petitioner. Per contra, it is the contention of the learned counsel appearing for the first respondent/petitioner that the second respondent as fourth respondent in O.S.No.251 of 1975 has filed I.A.No.124 of 1979 on the file of the learned Additional District Munsif Court, wherein, in the affidavit at paragraph 4 has averred that, after the death of his father, in respect of the suit properties, he and other legal heirs have got the lease/tenancy right and further, they have given a petition dated 20/9/1979 before the Tahsildar (Tenancy), Dindigul for registering their names as cultivating tenants and they have also prayed for stay of the suit.;