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1997 Supreme(Mad) 1048

A.R.LAKSHMANAN
Ganesan, R. – Appellant
Versus
Y. Rajanayagam – Respondent


Advocates Appeared:
For the Petitioner:R. Kannan for Vasudevan & Priya, Advocates.
For the Respondents:S.S. Sundar for T.R. Rajaram, Advocates.

Judgment :-

1. Against the order of eviction passed by the Rent Controller and as confirmed by the Appellate Authority, the original tenants son who was impleaded as the second respondent during the pendency of the matter before the Rent Controller, has filed this revision.

2. The respondents herein filed R.C.O.P. No. 84/87 before the Rent Controller (District Munsif) Tirunelveli, against the present petitioners father one Ramakani Nadar, seeking eviction from the scheduled mentioned premises, on the ground of demolition and reconstruction. The petitioners father took the defence in the above petition that the respondents were not the owners of the superstructure, but only to the land and therefore, the Rent Controller had no jurisdiction and he had the protection under the City Tenants Protection Act, since he (the original lessee Ramakani now dead) was the owner of the superstructure. In support of his claim, he filed several documents including the lease deed, property tax, demand notice and receipt and electricity bills which were in the name of the tenant.

3. It is also the case of the tenants that the respondents mother Gnanaprakasi Ammal who died during the pendency of the RC
























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