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february 1970

Supreme Court of India · 1970-02-16

CHINNAMUTHU GOUNDER AND ORS. ETC. vs P.A.S. PERUMAL CHETTIAR

Citation / case number
SC 1966/60258
Court
Supreme Court of India
Petitioner
CHINNAMUTHU GOUNDER AND ORS. ETC.
Respondent
P.A.S. PERUMAL CHETTIAR
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court held that under Section 6A of the Madras Cultivating Tenants Protection Act, 1955, a civil court can only transfer a suit for possession to the Revenue Divisional Officer if the defendant proves both that he is a cultivating tenant and entitled to benefits under the Act. The Court clarified that a tenant who wilfully denies the title of the landlord, as per Section 3(2)(d), cannot claim such benefits, thus affirming the civil court's jurisdiction to try the suit. The appeals were dismissed, upholding the lower courts' findings that the appellants were merely cultivating tenants and not entitled to the protections of the Act.

CHINNAMUTHU GOUNDER AND ORS. ETC. vs P.A.S. PERUMAL CHETTIAR · Niyam