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1996 Supreme(Mad) 1036

ARUNA JAGADEESAN
Champalal Jain – Appellant
Versus
M. Superchand – Respondent


Advocates Appeared:
For the Petitioners:R. Thiyagarajan, Advocate.
For the Respondents:A. Thiyagarajan, Advocate.

Judgment :-

1. By consent of both the counsel, the Civil Revision Petitions themselves are taken up for final disposal. The respondents 1 to 9 herein filed R.C.O.P. 3297/91 for eviction on the ground of unauthorised sub-lease, R.C.O.P. 3183/91 for fixation of fair rent and R.C.O.P. 776/92 for eviction on the ground of wilful default. All the R.C.O.Ps were filed against Mr. M. Srinivasa Rao, who is the tenant of the premises. There is no dispute that the respondents had purchased the property.


2. R.C.O.P. 776/92 was decreed ex parte on 30.4.92. The respondents filed execution petition in E.P. 638/92 to execute the order of eviction. Mr. Champalal Jain, the petitioner in C.R.P. 1689/96, one of the petitioners in C.R.P. 1802/96 filed M.P. 614/93 in E.P. 638/92 in R.C.O.P. 776/92 under Section 47 C.P.C. contending that the ex parte order of eviction cannot be executed, as the same is a collusive and fraudulent one. He also filed application M.P. 1056/92 to implead himself as party/respondent in the said Execution Petition. One Mrs. Mahender Kaur, the petitioner in C.R.P. 1801/93. one of the petitioner in C.R.P. 1802/96 has filed M.P. 1057/92 to implead him as party/respondent in the said
















































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