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1986 Supreme(Mad) 128

K.SHANMUKHAM
M/s. Venson Transports represented by its Manager and Proprietor V. Srinivasan and another – Appellant
Versus
P. Vaidehi Ammal – Respondent


Advocates Appeared:
R.S. Venkatachari, for Petitioner.
M.Md. Ashraf Ali, for Respondent.

Judgment :-

Same point arises in these two revisions; hence a common order. Indeed, parties are the same and both the Tribunals below passed a common order.

2. The respondent-landlady instituted R.C.O.P.No. 16/82 for eviction under section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 18 of 1960 and R.C.O.P.No.15/82 for fixation of fair rent against her tenant, the petitioner herein. In the two petitions she described the tenant in the cause title as “M/s. Venson Transport, represented by its Manager”. In the tenant’s counter in both the petitions it is contended that the Manager is only a paid servant who had no authority to deal with the tenancy, that it is only a registered firm who has a managing partner, who alone has authority to deal with the tenancy and therefore, the petitions as framed are not maintainable. Consequently, the respondent herein filed I.A.Nos. 173 of 1983 and 172 of 1983 in R.C.O.P.Nos.16 and 15 of 1983 respectively for substituting “Managing Partner” in the place of ‘Manager’ in the cause title and also in paragraph 2 of the petitions. The applications were ordered by the Rent Controller. The petitioner filed R.C.A.Nos.46 and 45 of 1




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