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1973 Supreme(SC) 86

I.D.DUA, C.A.VAIDIALINGAM, A.ALAGIRISWAMI
K. K Chari – Appellant
Versus
R. M. Seshadri – Respondent


Judgment

VAIDIALINGAM, J.:- The short question that arises for consideration in this appeal by special leave, is whether the order dated March 31, 1969, passed by the Court of Small Causes, Madras, in H. R. C. No. 983 of 1968 directing the eviction of the respondent-tenant is a nullity and as such not executable. The facts leading upto the passing of the order may be stated:

2. The appellant was occupying a premises in Madras as a tenant. His landlady filed an application H. R. C. No. 1924 of 1967 seeking eviction of the appellant on the ground that she bona fide required the premises for her own occupation. At that time the suit premises No. 64, Lloyds Road, Royapettah, Madras-14, was advertised for sale. The appellant for purposes of his occupation purchased the premises on October 23. 1967, as per registered document No. 1633 of 1967 in Sub-Registrar s Office, Mylapore. The respondent was then a tenant of the suit premises under the vendor. After the purchase, he attorned in favour of the appellant and has been paying rent. An eviction order was passed by consent against the appellant in H. R. C. No. 1924 of 1967 on January 27, 1968. He was given time till January 27, 1969, to vac



























































































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