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Madras High CourtCRP(MD)/647/2023dismissed

Sivagami v. Haji Shek Ibrahim Saheb (P) Trust

2026-02-19Honourable Mr.Justice N.Senthilkumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.02.2026

CORAM

THE HONOURABLE MRS. JUSTICE N.SENTHILKUMAR CRP(MD). Nos.647, 648 and 403 of 2023 CMP(MD).Nos.3011, 3010 and 19787 of 2023

1. Sivagami

2. Mahalakshmi

3. Vijaya

4. Parimala ... Petitioners in CRP(MD). Nos.647, 648 of 2023 Vs

1. Haji Shek Ibrahim Saheb (P) Trust, Thanjavur Represented by its Managing Trustee, Mubarakjan, Ibrahim Towers, No.1096, Keelaprathana Veethi, Thanjavur..

2. Soundarajan ... Respondents in CRP(MD). Nos.647, 648 of 2023 PRAYER :- Civil Revision Petitions filed under Article 227 of The Constitution of India to call for the records in pertaining to th order and decretal order, dated 28.10.2021 and 29.10.2021 respectivley passed in C.R.P. Nos. 8 and 14 of 2017 on the file of the Second Additional District cum Sessions Court, Thanjavur confirmed the order dated 09.01.2017, 11.05.2017 in P.T. No. 89 of 2015 and 557 of 2016 respectively on the file of the Special Deputy Collector, Revenue Court, Thanjavur and set aside the same and thus render justice. 1/6

CRP(MD).No.403 of 2023

1. C.Soundarajan(Died),

2. S. Suseela

3. S. Saranya

4. S. Madhuri

5. P. Pooni

6. S. Sivaraman

7. S. Aarthy ... Petitioners (brought on record as LRs of the deceased petitioner vide order, dated 08.06.2023) Vs

1. Haji Sheik Ibrahim Saheb (P), Trust Thanjavur,, Represented by its Managing Trustee Mubarak Jan, Ibrahim Towers, 1096, East Main Street, Thanjavur Town..

2. K.Sivakami

3. K.Mahalakshmi

4. M.Vijaya

5. T.Parimala ... Respondents PRAYER :- Civil Revision petition filed Under Article 227 of the Constitution of India, to call for the records of the order in CRP.No.6/2017 on the file of the Second Additional District and Sessions Court, Thanjavur dated 29-10-2021.

For Petitioner : M/s. A.Haja Mohideen in all cases Advocate.

For respondent No.1 : Mr.V.Chandrasekar in all CRPs For respondents 2 to 5 : Mr S. Murugan in CRP(MD).No.403 of 2023 COMMON ORDER 2/6

C.R.P.(MD) Nos. 647 and 648 of 2023 have been filed to call for the records pertaining to the orders and decretal orders dated 28.10.2021 and 29.10.2021 respectively passed in C.R.P. Nos. 8 and 14 of 2017 on the file of the Second Additional District and Sessions Court, Thanjavur, confirming the orders dated 09.01.2017 and 11.05.2017 passed in P.T. Nos. 89 of 2015 and 557 of 2016 respectively on the file of the Special Deputy Collector, Revenue Court, Thanjavur, and to set aside the same. C.R.P.(MD) No. 403 of 2023 has been filed to call for the records of the order dated 29.10.2021 passed in C.R.P. No. 6 of 2017 on the file of the Second Additional District and Sessions Court, Thanjavur.

2. The revision petitioners claim that they are cultivating tenants under the respondent and that they have been in possession and enjoyment of the agricultural lands for the past 40 years, spanning three generations. It is their further contention that they have paid rent to the landlord for three faslis.

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3. However, the said contention is disputed by the learned counsel appearing for the respondent on the ground that there is no material available on record to show that the revision petitioners have paid rent to the respondent/landlord.

4. The learned counsel appearing for the revision petitioners further submitted that they are willing to pay the entire arrears of rent, if any, due to the respondent.

5. Such a plea cannot be entertained at this stage in these revision petitions. The petitioners, who claim to be cultivating tenants and to be in enjoyment of the agricultural lands for three generations, have not produced any acceptable material to substantiate the payment of rent or their status as cultivating tenants.

6. In the absence of any material evidence, this Court finds no reason to interfere with the orders passed by the Courts below. 4/6

7. Accordingly, these Civil Revision Petitions are dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed. 24.02.2026 TRP Index : yes / no Internet: yes/ no TO

1. II Additional District cum Sessions Court, Thanjavur

2. The Special Deputy Collector, Revenue Court, Thanjavur. 5/6

N.SENTHILKUMAR, J., trp CRP(MD). Nos.647, 648 and 403 of 2023 CMP(MD).Nos.3011, 3010 and 19787 of 2023 19.02.2026 6/6