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2010 Supreme(Mad) 2216

G.RAJASURIA
P. G. Pattabi – Appellant
Versus
Mythili – Respondent


Advocates Appeared:
For the Petitioner:S. Balasubramaniam, Advocate.
For the Respondents:M.N. Padmanabhan, Sr. counsel, T.R. Rajaraman, Advocate.

Judgment :-

1. Inveighing the order dated 21.01.2010 passed in E.P.No.269 of 2007 in I.A.No.656 of 1986 in O.S.No.947 of 1975 by the Additional Munsif Court, Vellore, this civil revision petition is focused.

2. Broadly but briefly, narratively but precisely the relevant facts absolutely necessary and germane for the disposal of this civil revision petition would run thus:

(i) O.S.No.947 of 1975 was filed by the original plaintiff-Thirunavukkarasu and on his death his LRs R1 to R5 herein came on record. Ultimately, the suit was decreed. The original defendant contested the matter on the ground that he was entitled to benefits under the Tamil Nadu City Tenants Protection Act and filed necessary I.A. also.

(ii) The said suit and the application were tried together and ultimately the trial Court passed the judgement, the operative portion of it is extracted hereunder for ready reference:

“18. Issue No.4: For the foregoing reasons, I hold that the defendant shall pay into Court a sum of Rs.26,187.25 within a period of 6 months in 3 instalments of 2 months intervals from the date of this Judgement with interest and in default of payment by the defendant of any one of the instalments, the













































































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