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1978 Supreme(Mad) 524

T.RAMAPRASADA RAO
N. Subbanna – Appellant
Versus
N. Seshagiri Rao and another – Respondent


Advocates:
K. Kumaraswamy, for Petitioner.
A. Subrahmanya Iyer and M. Kanakaraj, for Respondent.

Order.- The order of the Appellate Authority against which this civil revision petition has been filed is unsustainable. The petitioner is the subsequent purchaser of the property which was in the occupation of the first respondent. The second respondent was the quandom owner of the property. I say quandom owner, because after filing the application for eviction against the first respondent and during the course of such proceedings, the second respondent sold the property to the petitioner by a registered sale deed, dated 2nd July, 1976. Admittedly that was at a stage when the appeal filed by the unsuccessful tenant in the eviction proceedings was pending. The Appellate Authority dismissed the application of the petitioner for his being brought on record in the appellate proceedings on the only ground that the Code of Civil Procedure was not applicable to proceedings under the Tamil Nadu Buildings (Lease and Rent Control) Act. Reference was made to some Government order which appears to be irrelevant. The question before me is whether the purchaser of a property, who has purchased the same during the pendency of some eviction proceedings filed by his vendor against the tenant, can


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