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1984 Supreme(Mad) 379

RAMANUJAM, SHANMUKHAM
Fathima Automobiles – Appellant
Versus
P. K. P. Nair – Respondent


Advocates:
A. Ramanathan for K. G. Ahmed, for Appellant; S. V. Jayaraman, for M. A. Srinivasan, for Respondents.

Judgement

RAMANUJAM, J.:- This writ appeal is directed against the order of Mohan, J. in W. P. 7351 of 1981, dismissing the writ petition filed by the appellant on the ground that the appellant has got a right of suit against the order dated 26-8-1981, passed by the Rent Controller in W. P. 943 of 1980 in E. P. 762 of 1980 in H. R. C. 986 of 1977 on the file of the Small Cause Court, Madras.

2. The circumstances under which the said writ petition came to be filed before this Court may be briefly stated. Respondent 1 herein had obtained an order of eviction against his tenants in H. R. C. 986 of 1977. In those proceedings, there was no resistance at all on the part of the tenants. However, the appellant herein obstructed delivery of possession and therefore respondent 1 filed an application for removal of obstruction in W. P. 943 of 1980. The appellant resisted the said application for removal of obstruction contending that he is not one claiming any rights under the tenants against whom the order of eviction has been passed, that he is claiming independent right through one Dhanabagyammal who is claiming to be the owner of the premises. The Rent Controller after taking evidence with










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