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1954 Supreme(Mad) 149

SATYANARAYANA RAO
K. Arumugham Naicker – Appellant
Versus
Sri Tiruvalluva Nainar Temple by its trustees V. Sankaran Chettiar – Respondent


Advocates:
Subramaniam for Petitioners.
G. Ramanujam for Respondent.

Judgment.-

This revision petition arises out of proceedings of the Court of Small Causes, Madras, under section 41 of the Presidency Small Cause Courts Act. The respondent, Sri Tiruvalluva Nainar temple, leased a certain vacant’ land to the petitioner for agricultural purposes. They erected certain huts on the land. The land-holder i.e., the respondent terminated the tenancy and, in order to recover possession of the property, applied under section 41 of the Presidency Small Cause Courts Act for delivery of possession of the property. Of the petitioners, the 1st petitioner admitted the claim. of the temple for possession of the property and the 2nd petitioner was ex parte. The application was allowed and the bailiff was directed to deliver possession of the property to the respondent. When the bailiff went to deliver possession of the property, he found there were four huts put up by the petitioners on the land and, as there was no order directing removal of the huts, he declined to remove them and deliver possession to the respondent. Thereafter, the respondent filed an application to direct the bailiff to remove the four huts put up by the petitioners on the suit land and deliver










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