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1980 Supreme(Mad) 49

NATARAJAN, RATNAVEL PANDIAN, PADMANABHAN
S. V. Venkatarams Reddiar – Appellant
Versus
Abdul Ghani Rowther – Respondent


Advocates:
M.R. Narayanaswami and R. Srinivasan, for Appellant; T.R. Ramachandran and T.R. Rajagopal, for Respondents.

Judgement

NATARAJAN, J. :- This Letters Patent Appeal has been preferred against the Judgment of Ismail, J., (as he then was) in App. No. 647 of 1970. The appeal originally came up for hearing before a Division Bench of this court, consisting of Ramanujam and Sengottuvelan, JJ. The Division Bench felt that the question which arose for consideration in the appeal, viz. whether a tenant inducted into possession by an usufructuary mortgagee can claim the benefits of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, as against the mortgagor, after the redemption of the mortgage, warranted consideration by a Full Bench, in view of the importance of the question and the conflict of authorities. Accordingly, this Bench has been constituted to consider the appeal and that is how the matter is before us.

2. One P.V.J. Vella Batcha Rowther, who was the plaintiff in the suit, was the owner of the suit property, viz., a non-residential building bearing door No. 55 in Jawahar Bazar in Karur town. He had created three mortgages with possession over the suit property under Ex. A.1, dated 21-12-1953, Ex. A.8 dated 14-2-1959 and Ex. A.8 dated 25-8-1964. All the mortgages were created in fa




























































































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