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2007 Supreme(Mad) 172

R.BANUMATHI
The Secretary Madras Race Club Chennai – Appellant
Versus
Saraswathy Kailasam & Others – Respondent


For the Petitioner:R. Viduthalai, Senior Counsel for C. Ravichandran, Srinath Sridevan, Advocates. For the Respondents:R. Sriram Panchu, Senior Counsel for R. Yashod Vardhan, Advocate.

Judgment :-

Petitioner – Madras Race Club challenges the common Order made in M.P.Nos.568, 569, 570/2001 in R.C.A.No.123/ 1994, by the VIII Judge, Small Causes Court, Chennai, refusing to condone the delay of 1586 days in filing the application for restoration of the appeal and consequently rejecting the applications for restoration of appeal and stay Petition.

2. Since common points are involved in these revisions, the Revision Petitions were heard together and disposed of by this common Order.

3. Before we deal with the contentions and the case laws, brief reference to the factual background is necessary, which is as follows:

1. A large extent of land in Velachery known as "Velachery Bungalow" and the site thereon is stated to be the demised premises. On 09.07.1987 the Respondents 1 to 3 filed R.C.O.P.No.2192/1987 for eviction under Sections 10(2)(1), 10(2)(vii), 10(3)(1)(i) and 10(3)(a)(iii) of Tamil Nadu Buildings [Lease and Rent Control] Act, 1960. R.C.O.P.No. 2192/87 was also filed for fixation of fair rent. At the time of initiation of the proceedings, the Madras Race Club [Acquisition and Transfer of Undertaking] Act, 1986, [for short, the Race Club Act] was in force and th











































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