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1990 Supreme(Mad) 36

A.ABDUL HADI
N. Palaniappan – Appellant
Versus
G. Pandurangan – Respondent


Appearing Advocates:M. N. Padmanabhan, S. M. Abdul Wahab, Advocates.

Judgment :-

This Civil Revision Petition arises out of the dismissal of the rent control E.A. No. 45 of 1981 (in E.P. No. 25 of 1981) for removal of the obstruction. The main execution petition execution of the eviction order obtained in the rent control proceeding against two tenants, after the said eviction order has been confirmed by the superior Court. Since there was obstruction by the respondent to the delivery warrant ordered by the execution Court, the landlordpetitioner filed the above said E.A. for removal of obstruction. But the said E.A. was dismissed and the subsequent appeal R.C.A. No. 56 of 1982 on the file of Sub-Court, Cuddalore was also dismissed and hence he has filed this Civil Revision Petition.

2. The ground, on which both the Courts below dismissed the execution application is that the respondent herein is independently in possession of the building in question for a long time even before the petitioner filed R.C.O. No. 29 of 1977 and he is not claiming title to the property on behalf of the judgment-debtors. So holding, the lower appellate Court held that the remedy for the petitioner is only to sue for possession against the respondent.

3. It is clear that th









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