1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.03.2011 CORAM: THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN C.R.P(PD)(MD)No.348 of 2011 & M.P(MD)NO.1 of 2011 Shok @ Karuppiah Servai ..Petitioner/Respondent/ Respondent/Tenant -vs- 1.V.Sivasamy 2.V.Sapapathy 3.P.Jagadeesan ..Respondents/Petitioners/ Petitioners/Landlord PRAYER: Civil Revision Petition filed under Section 115 of Code of Civil Procedure r/w Section 6 B of the Tamil Nadu Cultivating Tenant Protection Act,to call for the records relating to the impugned order passed in E.P.No.29 of 2007 in I.A.No.85/2003 in TCTP No.25 of 1999 dated 10.01.2011 on the file of the Special Deputy Collector(Revenue Court) Madurai. For Petitioner :Mr.S.Alagarsamy For Respondents:Mr.S.C.Herold Singh for R1 :Mr.R.Subramanian for R2 & R3 *** ORDER The Civil Revision Petition has been filed against the order passed in E.P.No.29 of 2007 ordering delivery of the suit land. 2.The case of the petitioner is that he is a cultivating tenant in respect of the suit land and he is in possession of land for so many years. The respondents/landlords filed T.C.T.P.No.25 of 1999 under the provisions of the Tamil Nadu Cultivating Tenants Protection Act, seeking a direction to the tenant to pay the arrears of rent. By order dated 20.12.2002, the rent arrears was directed to be paid within two months. As the amount was not paid, second stage application in I.A.No.85 of 2003 was filed by the landlord. The said application was allowed on 01.06.2007. Thereafter, E.P.No.29 of 2007 was filed to evict the petitioner. 3.When things stand so, the petitioner filed the civil revision petition against the order passed in I.A.No.85 of 2003 dated 01.06.2007, along with the condone delay petition in M.P(MD)No.1 of 2009 in C.R.P(MD) https://hcservices.ecourts.gov.in/hcservices/ 2 SR.No.33951 of 2009. In the said Miscellaneous Petition, after hearing the parties on 21.01.2010 this Court granted opportunity to the petitioner to pay the arrears of rent. The said order was passed on 21.01.2010. Against the said order, the petitioner filed SLP against the order dated 21.01.2010 and the same was dismissed by the Honourable Supreme Court on 26.11.2010. After dismissal of the SLP, the respondents/landlords obtained an eviction order on 10.01.2011. The said order is being challenged before this Court. 4.Mr.S.Alagarsamy, learned Counsel for the petitioner submitted that no proper opportunity was given to the petitioner to tender the rent. Secondly, he submitted that SLP was dismissed at the admission stage itself and that will not be the res judicata and the petitioner is at liberty to move this Court for review. Thirdly, relying upon the judgment of this Court in Mahalinga Voikkaran -Vs- P.R.S.Sellathammal reported in 85 L.W.376 he submitted that the petitioner should be given an opportunity to comply with the directions of the Revenue Court even in the revision. He contended that the petitioner has been in possession of the land for decades together and he should be given with an opportunity to comply with the order. 5.Mr.M.Saravanan, learned Counsel for the Respondents/landlords submitted that the order of eviction was obtained and the possession was taken on 09.02.2011 and therefore, nothing survives in the Civil Revision Petition. 6.It is seen that the original proceedings were initiated in the year 1989 for non-payment of rent payable by the petitioner. A direction was given to him to pay the amount within two months on 20.12.2002 and that was not complied with. Therefore, the petitioner filed I.A.No.85 of 2003(second stage application)and the said application was allowed, directing the petitioner to hand over the possession by order dated 01.06.2007. The petitioner did not pay the rent and to execute the said order only, E.P.No.29 of 2007 was filed. 7.When the E.P was pending, Civil Revision Petition was filed and this Court by order dated 21.01.2010, again gave an opportunity to the petitioner to pay the arrears of rent for the fasli year 1407 to 1418 by determining the rents at 567 bags. The value of the each bag was determined at Rs.500/- and the total amount to be paid was determined at Rs.2,83,500/-(Rupees Two Lakhs Eighty Three Thousand Five Hundred only) payable within eight weeks and as on date the said order is not complied with. That apart, the order passed by this Court was confirmed by the Honourable Supreme Court on 26.11.2010. Once, it is found that the petitioner did not comply with the order passed by this Court and the said order was confirmed by the Honourable Supreme Court, the eviction order has to be executed. Therefore, there is no illegality or infirmity in the order passed by E.P.Court. 8.A person, who consistently and constantly failed to comply with the orders passed by the various Courts, he is not entitled to any relief and the petition has to be thrown out at the threshold stage itself. However, this Court granted ample opportunities to the petitioner in spite of his lapses. Till date the amount has not paid. Moreover, the order of this Court was already confirmed by the Honourable Apex Court. https://hcservices.ecourts.gov.in/hcservices/ 3 Therefore, the decision in Mahalinga Voikkaran -Vs- P.R.S.Sellathammal reported in 85 L.W.376 is not applicable to the facts of the case. 9.The learned Counsel for the respondents submitted that the possession was taken on 09.02.2011, which fact is admitted by the learned Counsel for the petitioner. When the possession was already taken from the petitioner, and the revision has become infructuous. 10.For the reasons stated above and also in view of the execution of the order, nothing survives in this Civil Revision Petition and accordingly, the same is dismissed. No costs. Consequently, the connected Miscellaneous Petition is dismissed. SD/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To The Special Deputy Collector(Revenue Court) , Madurai. Copy to: The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. C.R.P(PD)(MD)No.348 of 2011 23.03.2011 gsr PAM 19.04.2011/3C/3P https://hcservices.ecourts.gov.in/hcservices/