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1952 Supreme(Mad) 13

BASHEER AHMED SAYEED
B. A. Woodman – Appellant
Versus
Mrs. Regina Rajan – Respondent


Advocates:
M. Chinappan Nair for Petitioner.
V. Surasham and P.M.V. Srinivasan for Respondent.

Judgment.-

This Civil Revisilon Petition is against the order of the learned City Civil Judge passed in E.A. No. 1772 of 1951 in E.P. No. 862 of 1951 in L. Dis. No. 4315 H.R.C. 1950. The petitioner is the tenant against whom an order for eviction was passed by the Rent Controller on the 7th September, 1950. The order is in the following terms:

“Petitioner by advocate. Respondent in person. By consent respondent is given time for vacating till the 7th March, 1951. Eviction is ordered.”

It transpires a further extension of time for vacating and delivery of possession was given till the 26th May 1951. This extension of time was given on 12th April 1951 by the City Civil Court. It was obviously given when the landlady filed an execution application on the 21st March, 1951. In between the filing of the execution application and the expiry of the extended time for delivery of possession a new legislation viz., Act VIII of 1951 came into force on the 1st May, 1951. That Act amended the original Act XV of 1946 as amended by further Acts. By the amendment of 1951 several new provisions were added to the existing Act. The relevant provisions which are material to this petition are those relatin











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