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1976 Supreme(Mad) 486

G.RAMANUJAM
Chand Basha – Appellant
Versus
Pyari Bi – Respondent


Advocates:
R. Srinivasan, for Appellant.
S.M. Abdul Wahab, for Respondent.

ORDER.-The respondent herein obtained a decree dated 12th April, 1973 for eviction of the appellant herein O.S. No.7420 of 1971 on the file of the City Civil Court, Madras. The decree granted the appellant four months’ time to vacate. On 5th August, 1974 the said decree was put into execution in E.P.No. 622 of 1974. By that time section 30 of the Tamil Nadu Buildlings (Lease and Rent Control) Act hereinafter referred to as the main Act was amended by Act XXIII of 1973. As a result of the said amendment, the building in respect of which the decree for eviction was obtained by the respondent in the said suit came within the purview of the main Act. Taking advantage of that situation, the appellant contended before the executing Court that the decree for eviction cannot be executed after the coming into force of the Amending Act. This objection was, however, refected by the executing Court, and the execution proceedings were allowed to go on.

2. On appeal, the lower Appellate Court also agreed with the view of the executing Court and held that under the decree for eviction passed earlier to the coming into force of the amending Act, the respondent decree-holder bad acquired a vested ri








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