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1947 Supreme(Mad) 220

TYAGARAJAN
Dr. Muhammad Ibrahim – Appellant
Versus
Rahiman Khan and others – Respondent


Advocates Appeared:
M.S. Ramachandra Rao for Appellant.
K.Krishnamurthy for Respondents.

Judgment.-

This is an appeal against the order of the learned District Judge of Guntur made in A.S. No. 38 of 1946 filed against the order in execution made in E.P No 326 of 1945, on the file of the Subordinate Judge of Guntur. The said execution was filed to execute an order made by the Rent Controller of Guntur in favour of one Rabia Bibi on the 12th September, 1945. An appeal was taken from the Rent Controller’s order and that order was upheld by the Collector of Guntur on the 10th October, 1945. A period of two months had been granted for the tenant who is the appellant before this Court to vacate the premises. On the 6th November 1945, Rabia Bibi died and the application for execution was made by the legal representatives of Rabia Bibi before the learned Subordinate Judge of Guntur Objection was taken by the tenant to the execution on the ground that the order for eviction was personal to the landlady and intended to enure only for her benefit as her case was that she required the premises for her personal occupation and was therefore entitled to an order in ejectment. She haying died it is contended that the order is not capable of execution at the instance of her legal repres












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