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1961 Supreme(Mad) 311

S.RAMACHANDRA.IYER
Thangavelu – Appellant
Versus
Arumugha Pandithar – Respondent


Advocates:
S. Mohan Kumaramangalam, S. Palaniswami and S. K. Rajavelu, for Petitioner.
T. V. Balakrishnan, T. R. Srinivasan and C. Harikrishnan, dor Respondents.

Judgment.-

This Revision Petition is filed by a tenant of the respondent. The tenant filed an application for fixation of fair rent under the provisions of Act (XXIV of 1956). The application was posted before the Rent Court for 21st December, 1958. The landlord was absent on that date, and the Court, after considering the evidence adduced on behalf of the tenant, fixed the fair rent ex parte. The landlord thereupon filed an application under Rule 4 (g ) of the Madras Cultivating Tenants (Payment of Fair Rent) Rules, 1956, for setting aside the ex parte order. The Rent Court declined to set aside the ex parte order, as it was not satisfied that the landlord was prevented by sufficient cause from appearing in Court. The landlord thereupon took up the matter in appeal to the Rent Tribunal, which came to a different conclusion. It held that there was sufficient excuse for the landlord to be absent on the date of the hearing, and accordingly set aside the ex parte order, fixing fair rent. This Revision Petition is filed against the order of the Rent Tribunal.

Mr. S. Palaniswami, appearing on behalf of the tenant contends that the Rent Tribunal (District Munsif) had no jurisdiction to se



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