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2012 Supreme(Mad) 1193

M.Y.EQBAL
Y. L. Puttuthai @ Prabha, rep. by Power of Attorney Agent Y. L. Jayaraj – Appellant
Versus
T. Boran – Respondent


Advocates Appeared:
For the Petitioner:Ms. P.T. Asha for M/s. Sarvabauman Associates, Advocates.
For the Respondent:Murugamanickam, Advocate.

Judgment :-

1. This Civil Revision Petition has been filed by the petitioner/land lady against the order of the learned District Munsif, Ootacamund dated 2.11.2011 made in E.A.No.223 of 2011 in E.P.No.3 of 2011 in R.C.O.P. No.17 of 2009, whereby the learned District Munsif has allowed the application filed by the respondent/tenant under Rule 12(3) of the Tamil Nadu Buildings (Lease and Rent Control) Rules, 1974 and recalled the warrant of possession issued in the execution proceedings.

2. For better appreciation, the impugned order dated 2.11.2011 is quoted hereinbelow:-

"On 7.1.2010 in R.C.O.P. No.17/09 set ex parte order was passed. Subsequently, the Petitioner/Land lord filed execution petition in E.P.No.3/11. On 4.7.2011 counter filed. On 9.8.2011 petitioner's side enquiry heard. On 12.8.2011 respondent's side enquiry not taken. No representation. Orders reserved by 19.8.2011. On 19.8.2011 order pronounced. Subsequently, petitioner/tenant filed set aside petition in E.P.3/11. The same was numbered as 205/11 and the case is posted for notice of hearing and counter by 17.10.2011. 17.10.2011 declared holiday. Hence, this case is reposted to 18.10.2011. On that day notice of heari
























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