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2008 Supreme(Mad) 3732

P.JYOTHIMANI
K. Velayutham – Appellant
Versus
Venkata Naicker Trust – Respondent


Advocates Appeared:
For the Petitioner:V.K. Muthusamy, Sr.Counsel for V.P. SengottuvelE.Martin Jeyakumar, Advocate.
For the Respondent:A.P. Surya Prakasam, Advocate.

Judgment :-

The tenant, who has filed a petition under section 9(1) of the Tamil Nadu City Tenants Protection Act, 1922 against the respondent/landlord to decide the minimum extent of land necessary for his convenient enjoyment and to fix its price with a direction to the respondent to convey to the petitioner the extent of land for which the price is fixed, having lost his case in both the courts below, has filed the present revision petition.

2. The respondent has filed a suit in O.S.No.316 of 1997 on the file of District Munsif, Erode for a direction to vacate the petitioner herein from the premises comprised in new Door Nos.86 to 89 (Old Door No.82A), New Shandy Road, now E.V.K. Sampath Salai, Erode Town on the ground that the petitioner is a chronic defaulter in payment of rent.

3. The petitioner has filed a written statement in the said suit stating that he has put up the superstructure in the vacant site at his cost and that the rent which was tendered has been refused by the respondent. The petitioner has also filed O.P.No.9 of 1997 under section 9(1) of the Tamil Nadu City Tenants Protection Act, 1922, praying for an enquiry to decide the minimum extent of land which may



























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