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1983 Supreme(Mad) 492

RATNAM
Best and Crompton Engineering – Appellant
Versus
P. S. Jagdeesan (deceased) – Respondent


Advocates:
D' Souza and R. Madanagopal, for Petitioner; V. Sankaravadivel, for Respondents.

Judgement

ORDER :- This civil revision petition is directed against the order passed by the Registrar of the Court of Small Causes, Madras in M. P. No. 1491 of 1981 in Distress Application No. 136 of 1980, dismissing an application filed by the petitioner under Section 61, Presidency Small Cause Courts Act, 1883 (hereinafter referred to as the Act) for the, release of a Godrej typewriter distrained to the petitioner. The short facts are as under. The first respondent became a tenant with effect from 15-3-80 of one P.S. Jagadeesan, since deceased, whose legal representatives are respondents 2 to 6, in this civil revision petition. Since he did not pay the rent and owed nearly a sum of Rupees 11,000/- towards arrears of rent, the landlord initiated proceedings for the issue of a distress warrant under Section 53 of the Act for Rs. 4000, being the arrears of rent from 1-7-1980 to 31/10/1980. Among the goods distrained on 5-11-1980 was a Godrej typewriter On 26-2-1981 the petitioner filed M.P. No. 229 of 1981 under Section 60 of the Act praying for an order of release of the Godrej typewriter distrained to the petitioner and M.P. 300 of 1981, under Section 5 of the Limitation Act. prayi










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