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1996 Supreme(Mad) 95

S.S.SUBRAMANI
T. K. Subramania Iyer (Died) and Others – Appellant
Versus
C. Natarajan and Others – Respondent


Appearing Advocates:Chitra Sampath, A.L. Somayaji, Senior Counsel For A.S. Vijayaraghavan, Advocates.

Judgment :-

Originally the revision was filed by the landlords in R.C.O.P. No.7 of 1985, viz., petitioners 1 and 2 herein. Pending disposal of the revision, first petitioner died and his legal representatives, namely, petitioners 3 to 5 have been brought-on record as per Order in C.M.P. No. 84 of 1996 dated 19-1-1996. The said R.C.O.P. was filed before the Rent Controller, Udumalpet.

2. The material averments in the eviction petition are as follows :-

The schedule building originally belonged to one Srinivasa Iyengar and Janaki Ammal, who executed a possessory mortgage in favour of one Jagannatha Iyengar. That was dated 12-10-1949. The mortgagee came into possession. On 11-1-1968, the mortgagee inducted Chinnappa Gounder as a tenant of the building. He is the predecessor of respondents 1 and 2 in this case. He was doing business along with one Kuttappan who lived in the back portion of the schedule premises. He is dead and the third respondent is claiming as his legal heir.

3. It is seen that the original owner Srinivasa Iyengar and Janaki Ammal executed an agreement for sale in favour of the original revision-petitioners herein. Since sale deed was not executed as per the agreement,






















































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