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1957 Supreme(Mad) 340

RAJAGOPALA AYYANGAR
A. R. Ghazani Mohammed Sahib – Appellant
Versus
The Official Receiver, Coimbatore – Respondent


Advocates:
D. Ramaswami Ayyangar and P.R. Varadarajan, for Petitioner.
K.S. Ramamurthi and T.R. Mani, for Respondent.

Judgment

These revision petitions have been filed to revise the orders of the Sub-Collector of Pollachi passed under section 3 of the Cultivating Tenants Protection Act directing the eviction of the petitioners on the ground that there were arrears of rent due from them. The ground urged by learned counsel for the petitioners was that there was really no arrears and that therefore orders for eviction should be set aside.

A few facts are necessary to be stated in order to appreciate the manner in which this point arises. The facts of the two petitions are nearly the same and as the points raised are identical it is sufficient to set out the facts involved in C. R. P. No. 538 of 1957.

The property from which the petitioners-tenants were sought to be evicted originally belonged to Messrs. Mohamed Hussain Sahib and four others who were adjudicated insolvents in I. P. No. 17 of 1953 on the file of the Sub-Court, Coimbatore. The property was leased out to the petitioners under a registered lease-deed dated 19th March, 1951 for an annual rental of Rs. 4,000 for a term of five years. At the time of the execution of the lease, the tenants paid the landlords an advance of Rs. 5,000 and in regar





















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