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2003 Supreme(Mad) 1072

A.R.RAMALINGAM
Benz Automobilies Private Limited, represented by its authorised person under the Companies Act, Thiru S. Ramamurthy – Appellant
Versus
C. Mohanasundaram and others – Respondent


Advocates:
P.Valliappan, for M/s.Sarvabhauman Associates, for Petitioner.
R.G.Narendhiran, for Respondents.

ORDER: Heard both sides. This civil revision petition has been filed against the order of refusal passed by the Principal Sub Judge, Erode for appointment of commissioner to inspect the disputed property in I.A.No.793 of 202 in O.S.No.549 of 2002 on 28.11.2002.

2. It is argued on behalf of the revision petitioner to the effect that the revision petitioner was originally a tenant of the premises of a lease agreement dated 1.1.1996 by paying an advance of Rs.5,00,000. Then the revision petitioner closed the business, vacated the premises and handed over possession of the same to the respondents on 1.2.2001. But, the respondents did not return the advance amount of Rs.5,00,000 in spite of demands and issue of legal notice. However the respondents have issued reply notice stating that possession of the suit property was not handed over to them. In fact the premises, is in possession of some third parties at the instance of the respondents. So, the petitioner happened in file the suit for recovery of the advance amount. In the said circumstance, the petitioner moved for appointment of advocate commissioner to note down physical features with reference to possession of the premises with t







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