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1998 Supreme(Mad) 1683

S.M.ABDUL WAHAB
Schwartz Dasan – Appellant
Versus
K. S. Devadoss and others – Respondent


Advocates:
Mr. D. Peter Francis, Advocate for Petitioner. Mr. R. Subramanian, Advocate for Respondents.

Judgment :

1. C.R.P.No. 490 of 1998 hasbeen filed against the order of the learned District and Sessions Judge, Madurai in R.C.A.No.4 of 1997 dated 110. 1997, reversing the order of the Additional District Munsif, Madurai Town in R.C.O.P.No.411 of 1994 dated 19. 1996.

2. C.R.P.No.491 of 1998 has been filed against the order of the District and Sessions Judge, Madurai, dated 110. 1997 in R.C.A.No.5 of 1997 reversing the order of the Additional District Munsif of Madurai Town in I.A.No.93 of 1995 in R.C.O.P. No.411 of 1994, dated 19. 1996.

3. An eviction petition R.C.O.P.No.411 of 1994 was filed by the petitioner herein against the first respondent on the ground of wilful default. After the filing of the said petition, as the rents were not paid, the petitioner filed I.A.No. 93 of 1995 Section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. An order was passed by the Rent Controller to deposit the arrears of rent in I.A.No.93 of 1995. As the first respondent failed to deposit the rent, eviction was ordered in R.C.O.P.No.411 of 1994. Hence, the first respondent filed two appeals viz., R.C.A.Nos.4 and 5 of 1997. The lower appellate authority has remitted the mat
























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