- (1.) THIS civil revision petition is directed against the order passed in E.P.No.325 of 1987 in Petition No. 1379 of 1986 on the file of Special Deputy Collector (Revenue Court), Lalgudi.
(2.) SHORT facts are: The respondent had filed petition for eviction against the revision petitioner on the ground of arrears of rent. After enquiry, the Revenue Court had found that there was arrears of rent to the tune of Rs.5,135 and had passed an order on 21.4.1987, directing deposit of the said amount on or before 31.5.1987, in default of which, order of eviction will follow. The revision petitioner had not deposited the arrears within the periof specified viz. 31.5.1987. Thereafter, the respondent filed E.P.No.325 of 1987 for eviction. In that E.P. he paid Rs. 1,570 and had prayed for time for payment of the balance. The petition was posted finally on 27.10.1987, on which date, he did not appear in court. Holding that still a sum of Rs.3,565 was not paid by the respondent the court below had ordered eviction. Aggrieved by the said order, this revision petition is filed. Mr.Umapathy, the learned counsel appearing for the revision petitioner, would submit that the arrears pointed out in the order of the court below, viz. Rs.3,565 was not correct and that the receipt, the copy of which is filed in page 3 of the typed set, would show that balance yet to be paid was only Rs.2,415 and that by virtue of the order passed in C.M.P.No.20420 of 1987, he deposited in the court below, the admitted arrears of Rs.2,115 and that no arrears was now due. He would further submit that by virtue of Sec.7, sub-sec.(5) of the Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1990 (Act 38 of 1990), if before the date of the publication of this Act, any decree or order had been passed in any proceeding for eviction of a cultivating tenant for non-payment of such current rent or any arrears of rent, the court shall, if the cultivating tenant pays or deposits under this Act, the current rent, and one-third of the arrears of rent, the order of eviction cannot be executed and so in as much as arrears of rent were paid, the order of eviction passed by the court below has to be set aside. Per contra, Mr.Parthasarathy, the learned counsel appearing for the, respondent, would submit that only in a case where the current rent and one-third of the entire arrears of rent were deposited or paid, as per the provisions of the Act, for which the time limit has been fixed, one can claim benefits under Sec.7(5) referred to supra and in the instant case those condition were not complied with and as such the revision petitioner cannot urge this ground.
(3.) I have carefully considered the submissions made by rival counsels. For considering the above submission, Scc.7, sub-sccs.(l), (2) and (5) are relevant and need extraction. They are as follows: "7. (1) All arrears of rent payable by a cultivat- ingtenant to the landlord for the said years and outstanding on the date of the publication of this Act, shall be deemed to be discharged, whether or not a decree or order has been obtained therefor, if such cultivating tenant pays to the landlord or deposits in the court or before the competent authority, to the amount of the landlord in the manner specified insub- sccs.(2) and (3),---- (a) the current rent; and (b) one third of the total amount of arrears of rent for the said years without interest (hereinafter referred to as the one-third of the arrears of rent). (2) Any cultivating tenant may pay to the land- lord or deposit in the court or before the competent authority to the account of the landlord, (b) the one-third of the arrears of rent in five equal annual instalments as specified below: (i) the first instalment, on or before the 31st day of March, 1991; (ii) the second instalment, on or before the 31st day of March, 1992; (iii) the third instalment, on or before the 31st day of March, 1993; (iv) the fourth instalment, on or before the 31st day of March, 1994; and (v) the fifth instalment, on or before the 31st day of March, 1995. (5) If before the date of the publication of this Act, any decree or order has been passed in any suit or proceeding- (i) for the recovery of the current rent or any arrears of rent referred to in sub-scc.(4); or (ii) for the eviction of a cultivating tenant for non-payment of such current rent or any such arrears of rent, the court or the competent authority shall, if the cultivating tenant pays or deposits under this Act, the current rent and the one-third of the arrears of rent and on the application of any person affected by such decree or order whether or not he was a party thereto, vacate the decree or order in so far as such decree or order relates to such recovery or eviction.";