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1996 Supreme(Mad) 108

SRINIVASAN
Sri Pillaiyarpatti Karpaga Vinayagar Koil Nagarathar Trust represented by its Nadappu Kariyasthargal N. K. Lakshmana Chettiar and Another – Appellant
Versus
R. M. Sevugan Chettiar – Respondent


Advocates:
V.Krishnan, for Petitioners. Ananthakrishnan Nair, for Respondent.

Judgment :

The revision petition is filed by the trust, which is the landlord. The petition for eviction has been filed on the ground on wilful default in payment of rent. The matter was posted for trial to 112. 1993. The tenant did not appear, nor did his counsel appear in court. The Rent Controller passed an order of eviction after recording the evidence of the landlord. The tenant filed I. A. No. 145 of 1994 for setting aside the said order.

2. In the affidavit filed in support of the application, the reason given by him for nonappearance on 112. 1993 is that he was suffering from acid peptic disease and taking treatment under a Doctor K.P. Kannappan from 112. 1993 to 112. 1993. It is further stated that he was bed-ridden and could not move about. Consequently, he could not appear in court or instruct his counsel. The application was filed on 1. 1994. The application was contested by the petitioner herein. In the counter-affidavit, it was clearly stated that the case of illness put forward by the tenant was false and the medical certificate produced by the tenant along with this application should be proved by examining the Doctor.

3. The Rent Controller found that the tenant h






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