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2020 Supreme(Online)(MAD) 12160

HIGH COURT OF MADRAS
Hon`ble Mr Justice D. KRISHNAKUMAR
M.GUNASEKARAN – Appellant
Versus
V.C.THIYAGARAJAN – Respondent


ORDER

Civil Revision Petition is filed to set aside the fair and decreetal order dated 04.01.2020 made in RCA.810 of 2018 on the file of VIII Small Causes Court (Rent Control Appellate Authority) in confirming the fair and decreetal order dated 21.08.2018 made in M.P. No. 41/2017 on the file f the XIII Small Causes Court, Chennai and consequently allow the said M.P. No. 41 of 2017 in RCOP.No. 1211 of 2016.

2. Heard both sides and perused the documents available on record.

3. The learned counsel for the revision petitioner has submitted that the respondent has filed RCOP. No. 1211 of 2016 on the file of the XIII Small Causes Court, Chennai for eviction against the revision petitioner on the ground of wilful default under Section 10(2)(1) of the Rent Control Act.

4. The learned counsel for the revision petitioner further submitted that the revision petitioner was set exparty. The revision petitioner has filed application in M.P.No. 41 of 2017 to set aside the exparty along with the application to condone the delay of 386 days . The Court below had dismissed the said application for the reason that no proper evidence have been produced to substantiate the reasons stated by the revision pe

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