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1979 Supreme(Mad) 417

V.RAMASWAMI
N. Ramanujam Naidu – Appellant
Versus
C. Panchanatha Mudaliar – Respondent


Advocates Appeared:
For the Petitioner:M/s. N. R. Chandran & P. P. Dinakaran, Advocates.
For the Respondent:M/s. K. Venkataswami & G.K. Selvarajan, Advocates.

Judgment :-

1. The first respondent is the landlord of certain properties. He leased out the same in favour of a firm of partnership of which the petitioner was one of the two partners and the other was one Muthu Pillai. The landlord filed R.C.O.P. No. 90 of 1974 for eviction against both the petitioners herein and the said Muthu Pillai on the ground of wilful default in payment of rent. The learned Rent Controller ordered eviction finding wilful default in payment of the rent. The petitioner and the deceased Muthu Pillai filed C.M.A. 22 of 1975 against the order of eviction. The appeal was dismissed on 31st July, 1976. There is no evidence to show when C.R.P. 2197 of 1976 was filed against the order in the appeal. But the cause title showed the petitioner herein and the said Muthu Pillai as petitioners. During the pendency of the civil revision petition in this Court, Muthu Pillai died, on 3rd September, 1976. But his legal representatives were brought on record and the Civil Revision Petition was dismissed on 15th December, 1978 without noting that one of the petitioners Is already dead. The landlord, decree-holder filed E. P. No. 242 of 1979 on 6th April, 1979 against both the pe

















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