S.RATNAVEL PANDIAN
A. Ghose Khan – Appellant
Versus
Rent Controller (District Munsif of Coimbatore), Coimbatorc – Respondent
This writ petition is to quash the order of the Rent Controller (first respondent) in E. A. No. 160 of 1977 in E. P. No, 446 of 1975 in R. C. O. P. No. 400 of 1966, dated 26th July, 1977, impleading respondents 4 to 6 therein (writ petitioners herein) as the legal representatives of deceased Aziz Khan, who was a tenant along with respondents 3 and 4 herein in respect of the premises in question.
2. The facts of the case which led to this writ petition as set out in the affidavit filed in support of the petition, can be briefly stated thus: The second respondent herein as the landlord filed R. C. O. P. No. 400 of 1966 on the file of the Rent Controller (District Munsif), Coimbatore, against the tenants viz., respondents 3 and 4 herein and the predecessor-in-interest of the petitioners herein, and obtained an order of eviction against them. It is not in controversy that this order of eviction was affirmed by the appellate and revisional authorities. Aziz Khan died on 20th September, 1972 leaving the petitioners herein as his legal representatives. Thereafter the second respondent on 12th June, 1974 filed E. P. No. 446 of 1975 before the Rent Controller Coimbatore, under Order
Vijayaraghavan v. Mohammad Yakub Rowther (1976) 1 MLJ. 128; 89 L.W. 81
Mohamad Husain v. Pitchai (1970) 2 MLJ. 663 ; 83 L.W. 775
Abdul Fatha v. Mohamed Jabber (1956) 2 MLJ. 475;
Ganapathi v. Kumaraswami (1975) 2 MLJ. 171;88 L.W. 525
Subramania Pillai v. Rajakkani Nadar (1971) 1 MLJ. 223 ;83 L.W. 758
Thangaswami Chettiar v. Bapoo Sahib (1949) 2 MLJ. 699 ;62 L.W. 876
Fernando v. Authorised Officer (1979) 2 MLJ. 209;93 L.W. 35
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