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1960 Supreme(Mad) 285

RAMACHANDRA.IYER
Elumalai – Appellant
Versus
Sri Kandaswami Devasthanam Tiruporur – Respondent


Advocates Appeared:
N.C. Subramanian and G. Ramanujam, for Petitioner; T.A. Subramania Pilley and S. Chockalingam and R.N. Kothiandaraman, for Respondent.

Judgement

ORDER :- The respondent obtained an order for ejectment against the petitioner on 05-12-1957 under the provisions of Ss. 41 and 43 of the Presidency Small Causes Courts Act. By that order the petitioner was directed to deliver possession of the property on 30-06-1957. Later, however, the order was varied presumably by consent of parties by which the time for delivery of possession was fixed as 17-02-1958. In the meanwhile the petitioner filed O. S. No. 614 of 1958 against the respondent for a declaration that the order of ejectment would not be binding on him. There was an injunction against the respondent executing the order of ejectment pending the suit. That suit was dismissed on 13-02-1960.

2. Thereupon the respondent applied to the lower court for execution of the order directing delivery of possession. During the course of execution obstruction was offered by nine persons along with the petitioner. The lower Court without notice to the petitioner directed the removal of the obstruction. The petitioner seeks to revise that order.

3. It is contended on his behalf that the Court of Small Causes had no jurisdiction to extend the time fixed for delivery of possession, and t




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