A. N. Srinivasa Chettiar v. C. N. Sivakolundu Chettiar
2013-06-21
K.RAVICHANDRA BAABU
body2013
DigiLaw.ai
JUDGMENT 1. This civil revision petition is filed against the order made in F.R.No.90 of 2002 on the file of the President cum Assistant Commissioner, Revenue Court, Cuddalore, wherein and whereby a fair rent was fixed against the petitioner herein treating him as the sole tenant in the suit property measuring about an extent of 55 acres. By the said order dated 13.07.2009, the Authority below has fixed the fair rent at the rate of Rs.600/-plus 120 bags of paddy per annum, as payable to the respondents herein. 2. Heard the learned counsel appearing for the petitioner as well as the respondents. 3. Learned counsel appearing for the petitioner submitted that the Authority below has not considered any of the contentions raised in the counter affidavit filed by the petitioner herein and has mechanically passed the order by taking note of the submission made by one T. Gurunatha Mudaliyar claiming to be the subsequent purchaser from the respondents herein. It is also submitted that the petitioner is not the only tenant and his three major sons are also the tenants under the respondents and the said status was also agreed by the respondents. He also invited my attention to the averments made in the affidavit filed before the Authority more particularly at paragraph No.8 to indicate that the petitioner herein as the respondent had raised the issue with regard to the maintainability of the application as against the present petitioner only. Apart from raising such ground, the petitioner also raised various other grounds by filing a detailed counter running to 13 pages. 4. A perusal of the order passed by the Authority below does not show that any of the averments made in the counter affidavit has been considered on merits. In fact, there is absolutely no reference about the said counter affidavit filed by the petitioner. It is further seen that the Authority has recorded a finding as if one T.Gurunatha Mudaliyar is the present owner of the property who appeared before him at the time of hearing and contested the matter. I failed to understand as to how such person is permitted to appear when he has not made any application to get himself impleaded in the proceedings.
I failed to understand as to how such person is permitted to appear when he has not made any application to get himself impleaded in the proceedings. The Authority below has not discussed any of the facts and circumstances and also the contentions raised by the petitioner herein in the counter affidavit and however passed the order of fixation of the fair rent as stated supra. In fact, when the landlord filed the application for fixing the fair rent seeking for 480 bags of paddy and Rs.30,000/- per annum towards the rent, the court below has also not stated any reason as to how such demand is not reasonable and cannot be considered. Therefore, the order passed by the court below, in all fairness is liable to be set aside and the matter is to be remitted back to the Authority below for fresh consideration of the case on merits. 5. Accordingly, the order impugned in this civil revision petition is set aside and the matter is remitted back to the Authority below to consider the said application afresh after hearing both sides and also by considering rival pleadings and to pass orders on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order. 6. At this juncture, the learned counsel appearing for the petitioner submits that as between the same parties already the C.T.P.Nos.26/2000, 12/2001, 11/2002, 7/2003 and 18/2004 are pending after remand by this court before the same Authority. Therefore, he requested that all the above matters can also be heard along with this matter by the Authority below and a common order can be passed. Learned counsel appearing for the respondents has got no objection to such request. 7. Therefore, the Authority below is directed to take up this F.R.No.90/2002 along with the other C.T.P.Nos.26/2000, 12/2001, 11/2002, 7/2003 and 18/2004 and after hearing both sides and by considering their rival pleadings to pass orders on the same on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. 8. With the above direction, the civil revision petition is disposed of. No costs. The connected miscellaneous petition is closed.