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2016 DIGILAW 1196 (MAD)

Ramachandran v. S. Dhanasekaran

2016-03-18

V.M.VELUMANI

body2016
ORDER : The Civil Revision Petitions are filed against the order of Revenue Court, Thanjavur dated 23.04.2008 made in P. Nos. 28, 25, 26, 27, 32, 30 and 31 of 2004 (Kumbakonam Camp) and dated 11.11.2008 made in P. No. 35 of 2007 (Papanasam Camp) respectively and prays for Reversal of the order. 2. In all these Civil Revision Petitions issue is one and the same. Therefore, all the Civil Revision Petitions are heard together and disposed of by this common order. 3. The petitioners in all the Civil Revision Petitions are tenants in the property in question. According to the respondent, he is owner of the property. The petitioners failed to pay rent for the Fasli 1408 to 1412 in CRP Nos. 916 to 922 of 2009 and for the Fasli 1413 to 1415 in CRP No. 435 of 2009 respectively. Therefore, he prayed for eviction of the petitioners. The petitioners contested the said petition, on the ground that the respondent is not owner of the land in question and therefore, he is not entitled to rent and he is not entitled to evict the petitioners. 4. The Proceeding Officer of the Revenue Court, considering the pleading held that the petitioners have not substantiated the claim made in the counter and held that ownership of property can be decided only by a Civil Court. The Proceeding Officer taking in to consideration of the earlier order, dated 28.01.2003 made in CMP.Nos. 5929 to 5936 of 2002, directed the petitioners in all the Civil Revision Petitions to pay Rs.5,000/- being the arrears of rent, on or before 11.06.2008, failing which ordered eviction. Against the said order, present Civil Revision Petitions are filed. 5. The learned counsel for the petitioners contended that Revenue Court failed to consider the documents filed by the petitioners to show that one Vedha Valli is owner of the land and not the respondent. The Revenue Court directed the petitioners to pay a sum of Rs.5,000/- without there being any evidence, with regard to rent payable for each Fasli. The Rent will differ from Fasli to Fasli. The same Revenue Court on earlier occasion held that the respondent is not owner of the land and dismissed the petition filed by the respondent, in respect of another tenant and prayed for allowing the Civil Revision Petitions. 6. The Rent will differ from Fasli to Fasli. The same Revenue Court on earlier occasion held that the respondent is not owner of the land and dismissed the petition filed by the respondent, in respect of another tenant and prayed for allowing the Civil Revision Petitions. 6. The learned counsel for the respondent contended that the Revenue Court has rightly held that the petitioners have not substantiated any of the claim made in earlier petition and the Revenue Court cannot decide the title of the property and rightly held that to approach the Civil Court. The Revenue Court directed the petitioners to pay rent, based on the earlier order passed by this Court and produced the order copy dated 28.01.2003 passed in CMP Nos. 5929 to 5936 of 2002 and prayed for dismissal of the Civil Revision Petitions. 7. I have heard the learned counsel appearing for the petitioners and perused the materials available on record. 8. It is seen from the impugned order that the Proceeding Officer, Revenue Court held based on the materials on record that the petitioners failed to substantiate their claim in the counter. The Proceeding Officer, rightly held that title cannot be decided in the said petitions and the impugned order is passed based on the earlier order of this Court dated 28.01.2003 made in CMP Nos. 5929 to 5936 of 2002. In view of this fact, there is no infirmity or irregularity in the order passed by the Revenue Court, warranting interference by this Court. 9. In the result, the Civil Revision Petitions are dismissed and the order passed by the Revenue Court, Thanjavur (Kumbakonam Camp) dated 23.04.2008 made in P. Nos. 28, 25, 26, 27, 32, 30 and 31 of 2004 and order dated 11.11.2008 made in P. No. 35 of 2007 (Papanasam Camp) are confirmed. No costs.