Case Note & Summary
The case involves a civil revision petition filed by the legal heirs of a deceased cultivating tenant (Satchithanandum) against an eviction order passed by the Revenue Court, Puducherry Sub-Division (South), Villianur, in PCTPA.No.1 of 2001 dated 29.11.2023. The petitioners are the children of the original tenant, who died during the pendency of the proceedings. The respondent landlord sought eviction on the ground that the tenant had not complied with an earlier order dated 08.09.1999 directing deposit of Rs.93,418/- towards arrears of rent. The tenant had earlier filed PCTPA.No.7 of 1990 seeking permission to deposit rent, and after paying Rs.8,100/-, filed a memo not pressing the petition. However, the Revenue Court proceeded to direct deposit of Rs.93,418/- and also directed parties to approach the authority for fixing fair rent. No fair rent was ever fixed. The landlord filed EP.No.1 of 2000 to execute the deposit order, which was dismissed. Subsequently, the landlord filed PCTPA.No.1 of 2001 for eviction. The tenant filed a counter stating readiness to deposit arrears of Rs.62,046/-. The Revenue Court allowed the eviction petition. The High Court examined the provisions of the Puducherry Cultivating Tenants Protection Act, 1970, and held that eviction cannot be ordered solely on the ground of non-deposit of arrears without a prior determination of fair rent by the competent authority. The court set aside the eviction order and allowed the revision petition.
Headnote
A) Cultivating Tenancy - Eviction - Non-Deposit of Arrears - Section 10 of Puducherry Cultivating Tenants Protection Act, 1970 - The Revenue Court ordered eviction of the cultivating tenant for failure to deposit Rs.93,418/- as directed in earlier proceedings, but no fair rent had been fixed by the competent authority under the Puducherry Cultivating Tenant Payment of Fair Rent Act, 1970 - Held that eviction cannot be ordered solely on ground of non-deposit of arrears without prior determination of fair rent, and the order of eviction was set aside (Paras 1-30).
Issue of Consideration
Whether the Revenue Court was justified in ordering eviction of the cultivating tenant for non-compliance with a direction to deposit arrears of rent, when no fair rent had been fixed by the competent authority under the Puducherry Cultivating Tenant Payment of Fair Rent Act, 1970.
Final Decision
The High Court allowed the civil revision petition, set aside the eviction order dated 29.11.2023 in PCTPA.No.1 of 2001, and dismissed the eviction petition. No costs. Consequently, CMP.No.28344 of 2023 is closed.
Law Points
- Eviction of cultivating tenant cannot be ordered solely on ground of non-deposit of arrears of rent without a prior determination of fair rent by competent authority
- Section 10 of Puducherry Cultivating Tenants Protection Act
- 1970
- Section 115 CPC
Case Details
CRP.No.4778 of 2023 & CMP.No.28344 of 2023
Ms.Gopika Nambiar, Mr.S.R.Sundar, Mr.C.Sakthimanikandan
Danassou.S, Ragou.S, Siva.S, Baradhi.S, Prabu.S, Bary.S, Thanapathy.S, Devi.R, Djiva.S
Munibabu Dit Abbaye @ Munibabu, Djeabarady, Sangarane
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Nature of Litigation
Civil revision petition against eviction order passed by Revenue Court under Puducherry Cultivating Tenants Protection Act, 1970.
Remedy Sought
Petitioners (legal heirs of deceased cultivating tenant) sought to set aside the eviction order dated 29.11.2023 in PCTPA.No.1 of 2001.
Filing Reason
The Revenue Court ordered eviction of the cultivating tenant for non-compliance with a direction to deposit arrears of rent, despite no fair rent having been fixed by the competent authority.
Previous Decisions
Earlier, in PCTPA.No.7 of 1990, the Revenue Court directed deposit of Rs.93,418/- and parties to approach authority for fixing fair rent. EP.No.1 of 2000 filed by landlord to execute that order was dismissed on 27.06.2001. Subsequently, landlord filed PCTPA.No.1 of 2001 for eviction, which was allowed by the Revenue Court.
Issues
Whether the Revenue Court could order eviction of a cultivating tenant for non-deposit of arrears of rent without a prior determination of fair rent by the competent authority under the Puducherry Cultivating Tenant Payment of Fair Rent Act, 1970.
Submissions/Arguments
Petitioners argued that no fair rent was fixed by the competent authority, and the direction to deposit Rs.93,418/- was not an executable order; the tenant was ready to deposit arrears as per counter.
Respondents argued that the tenant failed to comply with the order dated 08.09.1999, and thus eviction was justified.
Ratio Decidendi
Eviction of a cultivating tenant under the Puducherry Cultivating Tenants Protection Act, 1970 cannot be ordered solely on the ground of non-deposit of arrears of rent without a prior determination of fair rent by the competent authority under the Puducherry Cultivating Tenant Payment of Fair Rent Act, 1970. The direction to deposit arrears without such determination is not a valid ground for eviction.
Judgment Excerpts
The unsuccessful cultivating tenant is the revision petitioner, aggrieved by the order passed in PCTPA.No.1 of 2001 by the Revenue Court, Sub-Division (South), Villianur, Puducherry.
The primordial contention of the learned counsel for the petitioners is that till date there is no order of the competent authority under the Puducherry Cultivating Tenant Payment of Fair Rent Act, 1970, fixing fair rent for the subject property.
Procedural History
The original tenant Satchithanandum filed PCTPA.No.7 of 1990 seeking permission to deposit rent. On 08.09.1999, the Revenue Court directed deposit of Rs.93,418/- and parties to approach authority for fixing fair rent. The tenant filed a memo not pressing the petition. Landlord filed EP.No.1 of 2000 to execute the deposit order, which was dismissed on 27.06.2001. Landlord then filed PCTPA.No.1 of 2001 for eviction, which was allowed on 29.11.2023. The tenant's legal heirs filed the present revision.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): 115
- Puducherry Cultivating Tenants Protection Act, 1970: 10
- Puducherry Cultivating Tenant Payment of Fair Rent Act, 1970:
