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2018 Supreme(Mad) 4436

M.S.RAMESH
M. Gunasekaran – Appellant
Versus
Jagadeesan – Respondent


Advocates Appeared:
For the Petitioner:P.M. Bakthavatsalam, Advocate.

JUDGMENT :

(Prayer: Civil Revision Petition filed under Section 115 of C.P.C., praying to set aside the judgment and decree dated 19.08.2015 passed in Ejt. S. No.9 of 2013 on the file of the learned III Judge, Small Causes Court, Chennai.)

1. The order under challenge, directs the petitioner/defendant to vacate and hand over the vacant possession of the 'B' schedule property within a period of two months. Though Section 41 of the Presidency Small Cause Courts Act, 1882 provides for an appeal against the order, the present civil revision has been filed, apparently, by invoking Section 96 (4) of the CPC., which debars appeal against judgment from the Small Causes Court.

2. Heard Mr. P.M. Bakthavatsalam, learned counsel for the petitioner.

3. The case of the respondent/plaintiff is that the suit properties are self acquired properties of the respondent herein and that the petitioner herein, who is the defendant in the ejection suit was permitted to occupy the same as a licensee, till the revocation of the license. When the respondent herein had issued a notice to the petitioner calling upon him to quit and deliver vacant possession of the suit property, the same came to be returned with a

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