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1957 Supreme(Mad) 295

SUBRAHMANYAM
Nagammal – Appellant
Versus
C. R. Govindarajulu Naicker – Respondent


Advocates:
K. Srinivasan and K. Shanmugham, for Petitioner.
G. T. Ramanujachari, for Respondent.

Judgment

These Civil Revision Petitions arise out of the orders passed by the Third Judge, Court of Small Causes, Madras, in M.P. Nos. 2082 to 2084 of 1956 in Ejectment Suit No. 235 of 1953 on his file. The suit was instituted by the landlord against the tenant of a parcel of land in Komaleeswaranpet. An order for ejectment was passed in the suit on 9th September, 1953. The tenant was given two months’ time for surrendering vacant possession. The tenant then instituted O.S. No. 1948 of 1953 on the file of the City Civil Court, Madras, for a declaration that the landlord was not entitled to an order for eviction. That suit was instituted under section 47 of the Presidency Small Cause Courts Act. The suit was dismissed on 27th January, 1955. The appeal preferred by the tenant against the decree dismissing the suit was transferred by this Court to the City Civil Court and has been dismissed by the City Civil Court on 26th April, 1957.

When the landlord obtained the decree for eviction against the tenant, the tenant was not entitled to the benefits of the Madras City Tenants Protection Act. The Act was amended in 1955 so as to have its benefits extended to tenants in the position of the






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