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2022 Supreme(Mad) 1001

S. M. SUBRAMANIAM
T. Parthasarathy – Appellant
Versus
K. Sarala – Respondent


Advocates Appeared:
For the Petitioner: Mr. T. Mohan for Mr. P. Munusamy.
For the Respondent: M/s. Gayathri Harish for Mr. S. Venkatesan.

ORDER :

1. The Civil Revision Petition has been instituted, challenging the order passed in M.P.No.3 of 2022 in RLTOP.No.348 of 2021.

2. The Revision Petitioner is the tenant and respondent in RLTOP.No.348 of 2021. The respondent/Landlord filed an application for eviction and for delivery of possession. The revision petitioner has taken a portion of the property belongs to the respondent/Landlord for running his clinic. The allegation against the revision petitioner is that he has not paid the rent properly and at one point of time, he stopped paying the rent. As and when the demand is made, the revision petitioner assured payment, but not actually paid. It is further contended by the respondent that the building is 100 years old and in a dilapidated condition. Thus, he has taken a decision to demolish the 100 years old building and reconstruct the same. It was the case of the respondent that the building is in bad condition and unfit for dwelling.

3. Pending RLTOP.No.348 of 2021, the revision petitioner filed M.P.No.3 of 2021 to recall the P.W.1 for Cross-examination. The contention of the revision petitioner is that he filed counter in the RLTOP.No.348 of 2021 on 12.08.2021 and the

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