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1997 Supreme(Mad) 976

E.PADMANABHAN
Bharath Kumar Jain – Appellant
Versus
Kanta Ben – Respondent


Advocates:
Mr. S. Hameed Mohiden, Advocate for Petitioner. Mr. N.
Thiagarajan, for Mr. M. Ranka, Advocate for Respondent.

Judgment :

1. The present revision has been preferred against the fair and decretal order dated 33. 1997 in E.A.No.827 of 1997 in E.P.No.1721 of 1996 in O.S.No.5485 of 1994 on the file of the IX Assistant Judge, City Civil Court, Madras. The respondent is the owner of the premises bearing door No.71, Mulla Sahab Street, Chennai. He let out the house and premises, being flat situated in the left hand side in the ground floor of the said premises bearing door No.71 to the petitioner herein on a monthly rent of Rs. 1800 for residential purpose on and from 9. 1989.

2. The respondent instituted O.S.No.5485 of 1994 for recovery of possession and for recovery of Rs. 18,000 being arrears of rent due for the period commencing from May, 1993 to February, 1994. The suit was presented on 3. 1994. The petitioner herein, though served with the suit summons, absented himself and the trial Court passed an ex parte decree on 12th October, 1995, directing the defendant in the suit to pay Rs. 18,000, together with interest at 6% per annum, to deliver vacant possession of the suit property and to pay Rs.4,470-50 towards the cost.

3. Based on the said decree, the respondent instituted E.P.No.1721 o





































































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