AIR 1977 SUPREME COURT 244 ::1977 U J (SC) 72 ::1977 (1) SCC 500 ::1977 9 Lawyer 98 ::1977 2 SCR 446 ::1977 (1) SCJ 458 ::1977 (1) SCWR 395

Supreme Court Of India

(From: Madras)*

Hon'ble Judge(s): A. N. Ray, M. H. Beg, Jaswant Singh , JJJ

(A) Tamil Nadu Cultivating Tenants Protection Act (25 of 1955) , S.3— Rights of Cultivating tenant of life estate holder - Not governed by personal or general law but by the provisions of the Act - Protection against eviction does not end with death of life estate holder. S. A. No. 468 of 1975, D/- 29-1-1976 (Mad), Reversed. The rights of a cultivating tenant of a life estate holder governed by the Act are protected by the provisions of the Act. The Court is not concerned with any rights under any general or personal law which may enable the remainder-men to evict a tenant of a life estate holder after her death. The terms of the statutory protection apply clearly to all tenancies governed by the Act irrespective of the nature of rights of the person who leased the land so long as the lessor was entitled to create a tenancy.(Para 3) A life estate holder is entitled to create a tenancy and a tenancy created by her could legally extend beyond her life. The view that she cannot create such a tenancy runs counter not only to the principles underlying creation of statutory tenancy rights in agricultural land throughout the length and breadth of the country but, is obviously in conflict with the particular statutory protection conferred upon cultivating tenants in the State of Madras.(Para 3) ....