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2022 Supreme(Online)(MAD) 28208

HIGH COURT OF MADRAS
Hon`ble Mrs Justice J. NISHA BANU
ZULAIKA BEE SINCE DECEASED – Appellant
Versus
VIJAYA TIMBETS REP BY – Respondent


O R D E R

This civil revision petition is filed as against the fair and decreetal order dated 08.03.2013 in RCA.No.1104 of 2002 on the file of VIII Small causes court, Chennai, reversing the order passed in RCOP.No.1194 of 1998 dated 24.09.2002.

2. The grievance of the revision petitioners herein is that the appellate authority ought to have fixed fair rent for the petition premises. The findings of the appellate authority that co-owner doctrine does not exist on the ground that Ex.P.4 partition deed was acted upon and the schedule mentioned property is not allotted to the petitioners is erroneous.

3. According to the revision petitioners, they are entitled for allocation of share in the petition premises.

4. The facts necessary for the disposal of this civil revision petition is that RCOP is filed by one Zulaikha Bee/Landlady who was represented by one Akbar Sheriff and sought for fixing fair rent for the premises which was rented to Vijaya Timbers/respondent/tenant.

5. In the counter filed by the tenant, they denied the relationship of landlord and tenant between the petitioner and the respondent.

6. The RCOP court found that the landlord is the co-owner of the property and suit for pa

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