VENKATASWAMI

The above civil revision petition was taken up for final disposal by one of us (the Hon'ble the Chief Justice). At the time of hearing of the same, the learned counsel for the petitioner canvassed the correctness of. the ruling in Manicka Mudaliar v. Shanmugasundara Mudaliar, reported in (1982) 95 Mad LW 297. Finding substance prima facie in the argument of the learned counsel for the petitioner, my Lord, the Chief Justice directed the civil revision petition to be posted before a Division Bench, and the matter is thus before us. We shall first set out the facts leading to the filing of the civil revision petition before considering the proposition of law laid down in Manicka Mudaliar's case supra.

2. The petitioner is the defendant in O.S. 252 of 1981, on the file of the Court of the District Munsif of Tiruchengode. The respondent herein filed the said suit for declaration of his right to continue in possession of the suit property as lessee and for permanent injunction restraining the petitioner herein and his adherents from forcibly evicting him except under due process of law. It is not necessary for our purpose to set out the details of the facts of the