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1979 Supreme(Mad) 4

T.RAMAPRASADA RAO
Boologanathan – Appellant
Versus
P. Govindarajan and others – Respondent


Advocates:
S. Jagadisa Iyer, for Petitioner.
T. R. Rajagopalan, for Respondents.

ORDER. — This Civil Revision Petition is against the order of the learned District Judge, West Thanjavur. The petitioner claims to be a legatee under a will of the quondam tenant of the suit land. The quondam tenant, namely, the testator, when he was confronted with a suit for ejectment by the owners of the land, filed an application under section 9 of the Tamil Nadu City Tenants’ Protection Act (hereinafter called the Act). Before the application could be disposed of, he died. The present petitioner ‘was brought on record as the legatee under the will referred to above. The petitioner wanted to continue the said application under section 9 of the Act and, on the foot of his status as the legatee of the lease-hold rights, claimed such protection after the death of the testator. It was this application which came up for consideration before the lower Court. It may be incidentally pointed out that in an earlier proceedings which was initiated by the respondents but under the Tamil Nadu Buildings (Lease and Rent Control) Act, against the testator referred to above (the quondam tenant), the plea was one of denial of title of the landlord. It was in these circumstances, the parties were







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