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1978 Supreme(Mad) 37

S.SURYAMURTHY
Chinna Thevar – Appellant
Versus
Gnanaprakasi Ammal and another – Respondent


Advocates:
R. Alagar, for Petitioner.
R. Sundaravaradan, for Respondents.

Order.-This is a Civil Revision Petition against an order of the learned Appellate Authority (Principal Subordinate Judge, Madurai) allowing the appeal against the order of the learned Rent Controller-cum-District Munsif, Thirumangalam who dismissed the petition of the landlord for eviction of the tenant on the ground of wilful default in the payment of rent.

2. The tenant who is the revision petitioner herein contended inter alia that he is in possession in pursuance of an agreement of sale in his favour, dated 24th November, 1970 executed by the respondents herein and Kannan, the son of the first respondent and the brother of the second respondent and that, in any event, as he did not pay the rent during the period alleged under the impression that he is in possession in pursuance of the agreement of sale in his favour, all the terms of which he had performed, his default was not wilful. He also contended that not only the respondents herein, namely, Gnanaprakasi Ammal and Jayapalan but also Kannan are the owners of the building, that he was inducted into possession by all the three and that the petition for eviction by two of them alone is not maintainable.

3. The learned Rent Con








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