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1982 Supreme(Mad) 168

SATHIADEV
M. P. Appulu – Appellant
Versus
A. Fatima Lohra – Respondent


Advocates:
K. Vaitheeswaran, for Petitioner; K. Sengottian, for Respondents.

Judgement

ORDER : -Tenant is the petitioner herein, Aggrieved against the appointment of a Commissioner to inspect the entire building, this revision petition is filed on the ground that the order of appointment of Commissioner pending disposal of the petition for eviction relates only to a procedural aspect and therefore, as against the order of the Rent Controller, no appeal lies to the appellate authority under S.23 of Tamil Nadu Act 18 of 1960, and hence, the Order passed in C. M. A. 122 of 1980, having been passed without jurisdiction, requires to be set aside.

2. It is the admitted case between the parties that both the tenant and the landlady sought for appointment of an advocate, Commissioner to inspect the properties. The Rent Controller passed orders only in the application filed by the landlady directing that the properties to be inspected are the properties described only in R. C. O. P. 675 and 679 of 1978, and not the entire building. The appeal is confined to the order in I.A. 262, of 1980 in R. C. O. P. 675 of 1978. The premises involved in this petition is one of the portions of the main building and the petitioner herein occupies a portion of the ground floor. There












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