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1990 Supreme(Mad) 526

SRINIVASAN
R. Mani – Appellant
Versus
Shanmugham and Others – Respondent


Advocates:
M.Venkatachalapathy, for Petitioner. S.Senthilnathan, for Respondents.

Judgment :

This revision petition has no merits. It is directed against an order of the Appellate Authority remitting the matter before him back to the Rent Controller for appropriate disposal in accordance with law.

2. The short facts are these: the petitioner herein, who is the landlord obtained an ex parte order of eviction in R.C.O.P.No.88 of 1982. According to him, he has taken possession of the property pursuant to the ex parte order of eviction. The respondents herein filed I.A,No.287 of 1986 for. setting aside the ex parte order of eviction. The Rent Controller, without discussing the merits of the application, passed an order that the petition is closed since the tenants have vacated the petition premises. There is no provision either under the Tamil Nadu Buildings (Lease and Rent Control) Act or under any other law enabling the Court or an authority to close a petition. The court or authority must either dismiss the petition or allow the petition. At any rate, it must pass an order which will dispose of the contentions of the parties. Even assuming that the word ‘closed’ is used as a substitute for the word ‘dismissed’, the order is unsustainable as the relevant merits of








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