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2003 Supreme(Mad) 1607

S.ASHOK KUMAR
Hindustan Petroleum Corporation Ltd. – Appellant
Versus
Spencer and Company Ltd. – Respondent


Advocates Appeared:For the Petitioner:O.R. Santhanakrishnan, Advocate. For the Respondents:M.S. Sampath, Advocate.

Judgment :-

This Civil Revision Petition has been filed against the judgment of the learned VI Additional Judge, City Civil Court, Chennai, dismissing C.M.A.No.188 of 2000 preferred against the order passed in I.A.No.16309 of 1997 in O.S.No.14544 of 1996 on the file of the VI Assistant Judge, City Civil Court, Chennai.

2. The respondent, Spencer & Co Limited, the plaintiff, filed the suit against the petitioner/defendant for a decree directing the defendant to deliver the vacant possession of the land, to pay a sum of Rs.1,06,000/- by way of damages for use and occupation from 01.06.1980 to 30.09.1980 and to direct the defendant to pay the plaintiff a sum of Rs.26,250/- per month by way of damage and use and occupation from the date of plaint till the date of delivery of possession and for costs.

3. The petitioner/defendant filed I.A.No.16309 of 1997 under the provisions of Section 9 of the City Tenants Protection Act offering to purchase the property for a reasonable price to be fixed by the Court. The respondent/plaintiff filed a counter mainly alleging that the petitioner/defendant was not a tenant on the relevant period and the petitioner/defendant was not in actual possession o


























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