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1983 Supreme(Mad) 318

RATNAM
Estate of T. P. Ramaswami Pillai – Appellant
Versus
A. Mohd. Yousuf – Respondent


Advocates:
S. Sampath Kumar, A.P.S. Kasturi Rangan, A.G. Muralikrishnan and S. Ramanarayanan, for Petitioner; M. Srinivasan, Ikram Mohamed and S.G. Mohideen, for Respondents.

Judgement

ORDER :- In this civil revision petition at the instance of the defendant in Ejectment Suit No. 72 of 1981, II Judge, Court of Small Causes, Madras, the only question that arise for consideration is whether the Courts below were right in negativing the claim of the petitioner to the benefits of Section 9 of the Tamil Nadu City Tenants' Protection Act (hereinafter referred to as the Act). The property in dispute measuring about 2 grounds and 2027 sq. ft. situate in R.S. No. 1693/1 in Thulasi Naicken St, Perambur Baracks, Madras, belonged to one Mohamed Ismail Sahib. This property was let out to one T.P. Ramaswami Pillai and on his death, the petitioner claimed to have become entitled to the leasehold rights of the deceased Ramaswami Pillai. Mohamed Ismail Sahib died on 29-12-1961, and the respondents are his heirs. After certain prior unsuccessful proceedings, the respondents issued a notice on 8-12-1980 terminating the tenancy of the petitioner with effect from 31-3-1981 and sought the ejectment of the petitioner. In the written statement filed by the petitioner, the plea was taken that the benefits of the Act would be available to the petitioner. Consistent with such a pl



















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