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1997 Supreme(Mad) 1074

S.M.ABDUL WAHAB
R. Narayanaswamy – Appellant
Versus
P. A. Abdul Majeed and 4 others – Respondent


Advocates:
Mr.S.M. Hameed Mohideen, Advocate for Petitioner. Mr.R. Viduthalai, Advocate for Respondents.

Judgment :

1. The tenant has filed the above two civil revision petitions. The first C.R.P.No.2332 of 1997 is against the order dated 26. 1997 in M.P.No.1049 of 1996 in R.C.A.No.892 of 1996 on the file of the VIII Judge Court of Small Causes, Madras. The second C.R.P.No.2333 of 1997 is against the order passed in R.C.A.No. 892 of 1996 dated, 26. 1997 on the file of the VIII Judge, Small Causes Court, Madras. The order passed in the main appeal is consequential. Hence if we dispose of the first civil revision petition and if the tenant succeeds in the first CRP, the second C.R.P. has to be allowed.

2. The facts are as follows:- The landlord filed R.CO.P.No.1006 of 1992 for eviction on the ground of wilful default etc., for the period from 10. 1992 to 22. 1993. The petitioner filed a counter stating that there was advance of Rs. 19,000. It was also mentioned that on an earlier occasion another R.CO.P.No.2905 of 1988 was filed. That petition was dismissed. The original landlord K.H. Mohamed Zackaria died on 22. 1994. Hence his legal representatives were added. M.P.No.587 of 1995 was filed under Section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act for direction to dep






























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