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1961 DIGILAW 33 (MAD)

Karuppanna Goundar v. Sadaya Kudumban alias Karuppa Kudumban

1961-02-02

P.S.KAILASAM

body1961
Order. This Revision Petition can be disposed of on the short ground that the deposit was not made within the time specified in section 3 (3) (a) (ii) of the Madras Cultivating Tenants’ Protection Act (XXV of 1955). The tenant filed C.T.P.A. No. 71 of 1958 under section 3 (3) (a) of the Act depositing Rs. 350 towards the rent for the period 25th August, 1957 to 25th August, 1958. The petitioner deposited the amount in Court on 6th November, 1958. The rent was due, according to the lease agreement, on 25th August, 1958 and under section 3 (3) (a) (ii) the amount ought to have been deposited before 25th September, 1958. The tenant pleaded that he sent a money order even on 6th August, 1958, which the landlord refused. Even if this allegation is true no discretion is given to the lower Court for entertaining an application under section 3 (3) (a) if the deposit is not made within a month after the date on which the rent accrued due. In this case admittedly the deposit was not made within that time. In the circumstances the lower Court had no jurisdiction to entertain this petition. This petition is therefore allowed. No order as to costs. R.M. ------------- Petition allowed.