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2002 Supreme(SC) 270

S. R. EJAZ – Appellant
Versus
T. N. HANDLOOM WEAVERS' COOPERATIVE SOCIETY LTD. – Respondent


Judgment

SHAH, J.- Leave granted.

2. The appellant who was forcibly and illegally dispossessed since May 1986 from the tenanted premises by his landlord is moving from pillar to post to get justice. Unfortunately, after considering all the relevant facts which were brought on record, the High Court remanded the proceedings under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as "the Act") for reconsideration by the trial court. It is apparent that the whole purpose of the proceedings under Section 6 of the Act is frustrated by such order. The procedure under Section 6 of the Act is summary and its object is to prevent self-help and to discourage people to adopt any foul means to dispossess a person. Dispossession of a tenant should be in accordance with law.

3. It is the submission of the appellant that as proprietor of India Watch House, he was doing business in tenanted premises situated at 843, Anna Salai Madras for more than 35 years. Subsequently, the respondent Tamil Nadu Handloom Weavers Cooperative Society Ltd., Madras purchased the said premises and, therefore, the appellant was paying rent regularly to it.

4. In 1978, the respondent filed civil suit fo





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