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1971 Supreme(Mad) 690

P.R.GOKULAKRISHNAN
Mahalinga Voikkaran – Appellant
Versus
P. R. S. Sellathammal – Respondent


Advocates:
R.Ganesan and R. Nallasivam, for Petitioner.
V. Ratnam and A. Varadarajan, for Respondent.

ORDER:—

The tenant is the petitioner in this revision petition. The landlord, respondent herein, filed a petition under section 3 (4) (a) of the Madras Cultivating Tenants Protection Act, (XXV of 1955) before the Revenue Court, Thanjavur for eviction of the tenant from the petition-mentioned land, alleging that the tenant had defaulted in the payment of rent due to him for fasli 1379. On 31st October, 1970, the Revenue Court passed a preliminary order directing the tenant to pay the admitted arrears of rent of Rs. 214.40 on or before 20th November, 1970; the same order mentioned that in the event of default an order of eviction would follow. The presiding officer of the Revenue Court who passed the said order, did not continue and there was vacancy in the post during the months of November and December, 1970. Later, when the post was filled up by a new officer, the case came on for hearing on 2nd March, 1971. On 2nd March, 1971, it is stated, the Counsel for the tenant and the Counsel for the landlord were present and on the landlord’s counsel making an endorsement to the effect that the tenant had not paid the arrears as directed, the Revenue Court ordered eviction of the tenant.

















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