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march 1964

Supreme Court of India · 1964-03-13

D. S. CHELLAMMAL ANNI vs NASANAN SAMBAN

Citation / case number
SC 1963/75
Court
Supreme Court of India
Petitioner
D. S. CHELLAMMAL ANNI
Respondent
NASANAN SAMBAN
Author
GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,SHAHC.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.
Bench
GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that under Section 7 of the Madras Cultivating Tenants (Payment of Fair Rent) Act, 1956, a tenant can only be deemed to have transgressed if they prevent the division of crops. In this case, the respondent brought the crops to the threshing floor and attempted to offer the legally due share, but the landlord's refusal to accept it justified the respondent's actions in removing the crops to prevent spoilage. The Court upheld the High Court's decision to set aside the ejectment order, affirming that the respondent was entitled to protection under the Act despite not paying rent in the prescribed manner as per Section 3(3).

D. S. CHELLAMMAL ANNI vs NASANAN SAMBAN · Niyam