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1966 Supreme(Mad) 109

ALAGIRISWAMI
Chins Chong Sine – Appellant
Versus
Puttay Gowder – Respondent


Advocates:
A.K. Sriraman, for Petitioner; P.S. Balakrishna Iyer and P.S. Ramachandra Iyer, for Respondent.

ORDER : This is an application under S. 115 C.P.C. to revise the order of the learned District Judge, Coimbatore in C. R. P. 1052 of 1962. The learned District Judge allowed a revision by the landlord against the Judgement of the learned Subordinate Judge, Ootacamund in C.M.A. 2 of 1962. by which the learned Subordinate Judge reversed the order of the House Rent Controller in H. R. C. 69 of 1960 and held that there was no wilful default by the tenant justifying his eviction. The learned District Judge came to the conclusion that there was wilful default and so allowed the revision. Realising the limitations of S. 115 C.P.C. Mr. A.K. Sriraman learned counsel for the petitioner, has urged that the learned District Judge in so far as he differed from the Subordinate Judge and held that there was wilful default in the payment of rent by the tenant was either exercising a Jurisdiction not vested in him or acted with material irregularity and therefore this Court in exercise of its powers under S. 115 C.P.C. should interfere.

2. I am afraid the arguments of the teamed counsel for the petitioner as to the ambit of S. 25 of the Madras Buildings (Lease and Rent Control) Act are not justified







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