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1967 Supreme(Mad) 52

T.VENKATADRI
A. Thiruvengadaswamy Naidu – Appellant
Versus
C. T Nachiappan, minor through his father and guardian V. P. C. T. Chidambaram Chettiar – Respondent


Advocates:
A. Sundaram Aiyar, for Petitioner.
K. Parasaram, for Respondent.

Order.-

The important question of law that arises in this civil revision petition is Whether a person who purchases the property during the pendency of an eviction proceeding for wilful default in the payment of rent can be impleaded as a party to the proceeding.

On the application by the vendee, the learned Subordinate Judge, Madurai, impleaded him as a party. In revision, the learned District Judge, Madurai, confirmed that order. Aggrieved by the order of the District Judge, the tenant has come up in revision to this Court.

Mr. A. Sundaram Aiyar, learned Counsel for the petitioner-tenant, contends that the application to bring on record the purchaser of the property as a par to the proceeding is not maintainable as the provisions of the Civil Procedure Code are not applicable to rent control proceedings.

In Mohammad Ibrahim v. Rahiman Khan1, this Court held that an order of the Rent Controller directing the tenant to put the landlord in possession of his house on the ground that the landlord desired to occupy the house himself was one for the personal benefit of the landlord, and was not capable of execution after the death of the landlord at the instance of his legal representatives




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