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1966 Supreme(Mad) 89

M.NATESAN
P. Parthasarathy Chetty – Appellant
Versus
S. Chitra Pillai – Respondent


Advocates:
M. C. Raghavachari and N. S. Varadachari, for Appellant.
A. Sundaram Ayyar, S. Padmanabhan and D. K. Sridevi, for Respondent.

JUDGMENT.-

This Second Appeal by the first defendant is having its third round in this Court and that too on the intangible claim of a sub-tenant to maintain his possession of a premises in respect of which the owner has obtained an order for eviction against his tenant. The facts and proceedings in which the subtleties of of law and procedure have had their full play may be briefly set out. The appellant is the owner of a premises in the City. The second respondent herein was his tenant, and he initiated against him proceedings for eviction H. R. C. No. 3036 of 1955, under the Madras Buildings (Lease and Rent Control) Act, 1949. On 17th January, 1956, the owner secured the order for eviction and applied, under section 9 of the Madras Buildings (Lease and Rent Control) Act, 1949, to the City Civil Court, Madras, in execution, E.P. No. 592 of 1956, for the issue of a warrant for delivery of possession. The present first respondent obstructed delivery and this led to E.A. No. 382 of 1956 by the owner for removal of obstruction. On 16th July, 1956, an order was passed directing the removal of the obstruction, the Court granting time to the present 1st respondent, who will be hereafter























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