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1980 Supreme(Mad) 65

S.NATARAJAN
A. Krishnaswami – Appellant
Versus
S. Rasheeda – Respondent


ORDER

S. Natarajan, J.

1. The petitioner herein unsuccessfully contended before the District Munsif Tiruchirapalli, in E.A. No. 374 of 1979 on the file of his Court that the decree for ejectment passed against him in the above suit was inoperative, inexecutable and null and void. The said petition was filed under Sections 47 and 151, Civil Procedure Code, read with Section 18 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act). Consequent on the dismissal of the petition the petitioner has approached this Court for reliefs.

2. The facts lie within a narrow compass. The respondent sought ejectment of the petitioner from the house leased out to him and succeeded in obtaining a decree for possession in the above said suit. The petitioner preferred an appeal in A.S. No. 438 of 1974 on the file of the District Court, Tiruchirapalli. During the pendency of the appeal, the town where the suit property is situate was constituted a municipality and automatically the provisions of the Act became applicable to that area. Notwithstanding this fact, the appeal was argued with reference to the provisions of the Transfer of Property Act. One of the mai















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