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2006 Supreme(Mad) 3485

R.BANUMATHI
S. R. Mahendra Raj – Appellant
Versus
V. A. Gnanaprakasam [deceased] & Others – Respondent


Appearing Advocates:For the Petitioner:G.K.R. Pandian, Advocate. For the Respondents:P.K. Sivasubramaniam, Advocate.

Judgment :-

(PRAYER: Revision filed against the order dated 12.10.2006 and made in RCA No.113/2006 on the file of the VII Judge, Small Causes Court [Appellate Authority], Chennai, confirming the Order in M.P.No.187/2005 in E.P.No.160/1998 dated 1.2.2006, on the file of XV Judge, Court of Small Causes, Chennai (Rent Controller).)

This revision arises out of the Order of removal of the Petitioner/obstructor in M.P.No.187/2005 in E.P.No.160/1998 in RCOP No.2244/1992 confirmed by the Appellate Authority in RCA No.113/2006, on the file of the VII Judge, Small Causes Court [Appellate Authority], Chennai.

2. Facts which led to the revision are as follows:-

2.1. The demised premises is a non-residential premises bearing No.139, Murugan Avenue Road, Madras-10. The late first Respondent has obtained an Order of eviction in RCOP No.2244/1992 on 24.08.1994 against the fifth Respondent. The fifth Respondent has not preferred any appeal. The learned Counsel filed E.P.No.160/1998 to execute the Order of eviction. In the execution proceedings, the fifth Respondent filed M.P.No.125/1999 under Section 47 CPC and the same was dismissed. Against the dismissal of that Petition, the fifth Respondent/Tenant



















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