High CourtsDivision Bench(1963) 10 MAD CK 0017

Rajagopal Pillai vs Somasundaram Pillai

Madras High Court · Decided on 18 October 1963 · Citation: (1964) 1 MLJ 238

HON’BLE JUDGES
T. Venkatadri, J

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Judgment

15 paragraphs · 359 words

T. Venkatadri, J.—This Civil Revision Petition arises out of M.P. No. 7 of 1961 in Petition No. 1477 of 1960 on the file of the Revenue

Court, Kumbakonam. The petitioner herein is the tenant, and he is the father of the Respondent herein who originally filed P. No. 1477 of 1960

against his father, the tenant, for his eviction, on the ground that there were arrears of rent. There was partition between the father and his sons and

the suit property fell to the share of the respondent and the father, that is, the petitioner herein took it on lease but did not pay the rent due, and

hence the son filed the application for eviction. In that eviction petition, the tenant was asked to deposit Rs. 91-16 into Court on or before 10th

December, 1960, failing which he would stand evicted from the suit land. According to the case of the petitioner herein, it seems he went to Court

on 10oth December, 1960 with the money but as the Court was not sitting that day, he returned without depositing the money into Court ro paying

it to his son, the respondent herein. After 14 days, that is, on the 24th December, 1960, he filed the present application, out of which this Civil

Revision Petition arises, for excusing the delay in deposition the amount as directed by the Court. The Revenue Court passed an order stating that

it has no power to review its own order and dismissed that application. It is against this order that the present Civil Revision Petition has been filed.

2.

Though the petitioner is entitled to some sympathy, the law is against him Recently Veerasami, J., has held in Naina Vs. S. Rajappa and K.

Ramaiah, Trustees of Kailasanathar, etc., Temples, T. Kallikulli, that when a time is fixed for the payment of money, the Court has no jurisdication

to extend the time. Viewed in the light of that principle, the Revenue Court was right in dismissing the application filed by the tenant petitioner for

excusing the delay in depositing the money into Court.

3.

Therefore, this Civil Revision Petition is dismissed. No. costs.