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1970 Supreme(Mad) 274

G.RAMANUJAM
Mohammed Hussain – Appellant
Versus
A. K. M. Pitchai – Respondent


Advocates:
N. Sivamani, N. Krishna Mitra and V. Narayanaswamy, for Petitioner.
N.Subramania Ayyar, A. Subramania Ayyar and S. V. Venugopalachari, for Respondent.

JUDGMENT:-

The above two revisions arise out of two applications filed by the respondentherein, one E. A No.1126 of 1968 for redelivery of possession of a house fromwhich the respondent was evicted by the Court and the other E. A. No. 197 of1969 for recovery of damages or mesne profits. The circumstances under which theabove two revisions came to be filed by the petitioner are these:

Therespondent was a tenant under the petitioner herein. The petitioner filed aneviction petition in H.R.C. No. 1894 of 1967 on the ground of wilful default bythe respondent in payment of the rents. There was an ex parte order ofeviction on 7th August, 1967. The respondent filed I.A No. 880 of 1967 forsetting aside the said ex parte order. The Retnt Controller passed aconditional order setting aside the ex parte order of eviction but as theconditions were not complied with, the said application was dismissed on 9thNovember, 1967. Thereafter, in execution of the ex parte order ofeviction, the petitioner got delivery of the property through the City CivilCourt at Madras on 14th November, 1967 in E.P. No. 1001 of 1967. The respondentfiled an appeal, H.R.A., No. 358 of 1967 against the conditions imposed in L

















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