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1999 Supreme(Mad) 2828

A.RAMAN
S. M. Mahaboob Basha – Appellant
Versus
K. Mohamed Ali – Respondent


Advocates Appeared:
For the Petitioner:P. Subba Reddy, Advocate.
For the Respondent:B. Kumar, Senior Counsel for R. Loganafhan, Advocate.

Judgment :-

The landlord filed an application for eviction of the tenant on the ground of wilful default in payment of rent in R.C.O.P. No. 3396/92. The tenant did not appear to contest the petition, and therefore, on 8.2.1993, eviction was ordered by the XVI Judge of Small Causes Court. Two months time was granted by the Rent Controller for vacating the premises. While so, the tenant filed an application, in I.A. No. 133 of 1993 in R.C.O.P. No. 3396 of 1992 to set aside the ex parte order of eviction passed by the Rent Controller on 8.2.1993. On this petition, an order was passed by the Rent Controller on 26.4.1993 directing that the rent due till March 1993 at the rate of Rs. 850/- per month shall be paid by the petitioner as a condition precedent on or before 29.4.1993. The matter was to be called on 30.4.1993. On 30.4.1993, the matter was called and the petition was dismissed since the direction was not complied with. In the meanwhile, the tenant preferred an appeal against the dismissal order dated 30.4.1993 to the Appellate Authority in R.C.A. No. 855/93. The Appellate Authority dismissed the appeal. Aggrieved by the same, the tenant preferred a Revision to the High Court, in















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