The High Court dismissed a Civil Revision Petition seeking review of an order by the Additional District Munsif Court. The lower court had correctly dismissed an application for declaration of tenancy status, holding that the Revenue court is the competent authority under the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.03.2018
CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
CRP(PD).No.1045 of 2018
and
CMP.No.5484 of 2018
P.Palanivel .. Petitioner
Vs
1. G.Baskaran
2.V.R.Babu Veerappan
3.V.R.Meenatchi
4.Uma
5.R.Kamala
6.Nandhini
7.Amirtha Ganesh
8.Anugraha .. Respondents
PRAYER
Civil Revision Petition filed under Article 227 of the
Constitution of India against the fair and decreetal order passed in
IA.No.366 of 2014 in OS.No.126 of 2013 dated 27.07.2017 on the file of
the learned Additional District Munsif Court, Mayiladuthurai.
For Petitioner : Mr.S.Parthasarathy
O R D E R
The Civil Revision Petition is taken up for final disposal at
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the admission stage itself.
petitioner has filed a suit in OS.No.126 of 2013 for permanent injunction against the respondents herein. The said suit is pending. In the aforesaid suit, the revision petitioner has filed an application in IA.No.366 of 2014 for declaration to declare the revision petitioner is a cultivating tenant under the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969. After hearing both the parties, the court below has dismissed the said application by holding that the said application is not maintainable before Civil Court. Hence, the revision petitioner has filed the present Civil Revision Petition before this Court.
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observations. Consequently, the connected miscellaneous petition is closed. No costs.
16.03.2018
Speaking/Non-Speaking order
Index :Yes/No
Internet:Yes/No
lok
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D. KRISHNAKUMAR J.,
lok
To
The Additional District Munsif Court, Mayiladuthurai.
CRP(PD).No.1045 of 2018
and CMP.No.5484 of 2018
16.03.2018
1 issue framed by the court
Whether the Civil Court has jurisdiction to entertain an application for declaration of cultivation tenancy status under the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969.
2 provisions across 2 enactments
P.Palanivel
G.Baskaran
V.R.Babu Veerappan
V.R.Meenatchi
Uma
R.Kamala
D. KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
