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1977 Supreme(Mad) 248

V.BALASUBRAHMANYAN
S. S. Khader Mohammed Rowther and Co. , represented by its Proprietor S. Syed Aswudeen – Appellant
Versus
G. S. Sundaram and Brothers – Respondent


Advocates:
P.K. Gopalraj, for Petitioner.
T.R. Venkatesan and P. Paulraj, for Respondent.

JUDGMENT.-This revision is under section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. It is brought by the tenant of a nonresidential building in Madras City. What he is up against is an order of. eviction passed by the Rent Controller on a petition filed by the landlord for personal occupation of the premises. The Rent Controller passed the order ex parte. And it was confirmed in appeal.

2. The validity of the ex parte eviction order is questioned in this revision. Mr. Grovind Swaminathan appears for the tenant. He argues that the order is a nullity.

3. The nullity argument, as elaborated by learned counsel, was not so much on the ex parte nature of the order as on the terms of the order itself. Mr. Govind Swaminathan did not for instance, say that under the Act all ex parte orders must be held to be nullities. Nor did he claim that this particular proceeding setting his client ex parte was not warranted by the circumstances. This latter ground could not, in any case, have been advanced in the present proceedings pursued by the tenant for getting the ex parte order set aside, his plea of “sufficient cause” failed to carry conviction with the Rent Controller as
















































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