AIR 1957 MADRAS 333 ::1970 MadLW 221 ::1957 1 MadLJ307 ::ILR (1957) Mad 571

Madras High Court

Hon'ble Judge(s): P. Rajagopalan, N. Rajagopala Ayyangar , JJ

(A) Madras Cultivating Tenants Protection Act (25 of 1955) , S.4(4)— Tenancy Laws - Procedure under - Compliance with. Where in the cause title to the application under S. 4 only the proprietors were impleaded as respondents, but when they appeared before the Revenue Divisional Officer and filed their statement, in which they stated that a cultivating tenant was in possession, the Revenue Divisional Officer directed notice to the tenant who appeared at the enquiry and was examined as a witness and it was after considering his evidence and representations made by him that an order for restoration was passed : Held, that it could not be said that the Revenue Divisional Officer did not afford a reasonable opportunity to the cultivating tenant to make his representations as required by S. 4 (4) and consequently the order for restoration was not invalid on that ground.(Para 5) (B) Constitution of India , Art.19(1)(f), Art.19(5)— Freedom to hold property - Reasonable restrictions - Provisions of S.4(1), Madras Cultivating Tenants Protection Act if repugnant to Art.19(1)(f). Tenancy laws. Madras Cultivating Tenants Protection Act (25 of 1955) , S.4(1)— The freedom to "hold property" means a right to enjoy property and i....