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1958 Supreme(Mad) 232

RAMACHANDRA.IYER
A. Arunachala Naicker . . – Appellant
Versus
Ghulam Mahmood Sahib – Respondent


Advocates:
C. R. Krishna Rao, for Petitioner.
T. Ramalingam, for Respondent.

Judgment.-

This Civil Revision Petition arises at the instance of the tenant against whom a decree has been passed in a suit for eviction. In 1917, the respondent granted a lease of a property, a land, for certain agricultural purposes to the petitioner. After the termination of the lease the respondent filed a suit for eviction of the tenant in O.S. No. 283 of 1945. The tenant set up various defences, namely, a denial of the title of the plaintiff, want of proper notice to quit, etc. It is significant that there was no plea claiming that the tenant was entitled to the benefits of the Madras City Tenants Protection Act. A decree for ejectment was passed on 20th August, 1946. An appeal was filed against that decree to this Court which failed. That decree was further confirmed in the Letters Patent Appeal and the proceedings finally terminated on 23rd March, 1950, when the tenant was given one year’s time to vacate the land. An application for delivery of possession was thereafter filed in E.P. No. 1403 of 1951. While that application was pending a suit was filed by a third party for an injunction to restrain the landlord from executing the decree but the suit was dismissed on 20th Ma



















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