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2002 Supreme(Mad) 208

P.SATHASIVAM
S. F. Abdul Jaleel – Appellant
Versus
V. M. Abdul Majid Rowther Trust – Respondent


Advocates Appeared:
Mr. K.V. Subramanian, Advocate for Petitioners. Mr. Srinath Sridevan, Advocate for Respondents.

Judgment :

1. This is a revision under Article 227 of the Constitution of India by a tenant.

2. The first respondent herein - landlord filed a petition for eviction in R.C.O.P.No.18 of 1992 on the file of the Rent Controller, Thiruvarur against the petitioner and the other respondents 2 to 4 herein. The said petition was allowed and an order was passed for eviction. There is no dispute with regard to the above facts. The grievance of the petitioner is that instead of the first respondent filing the execution petition, one S.H. Amruthin has filed the execution petition in his individual capacity and the same was numbered as E.P.No.73 of 2001. It is stated that in the Execution Petition served on him shows one S.H. Amruthin's name alone as the petitioner and building owner. It is further stated that the schedule property was also different from the schedule property in RCOP.No.18 of 1992. Therefore, there are lot of discrepancies in them. With these facts the petitioner expected that the Execution Petition would be dismissed and he did not enter appearance. However, the learned Judge heard the execution petition after filing of counter by respondents 2 to 4 and passed an order on 28.1






















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