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2012 Supreme(Online)(Mad) 16

MADRAS HIGH COURT
M. Y. Eqbal, C. J.
Puttuthai Y. L. alias Prabha v. T. Boran


Table of Content
1. review of eviction proceedings and procedural errors. (Para 1 , 4 , 5 , 6 , 16)
2. discussion on representation and consequences of non-appearance. (Para 8 , 9 , 10)
3. interpretation of r.12(3) and court's discretion. (Para 12 , 13 , 14 , 15)
4. final judgment and order. (Para 17)

1This Civil revision petition has been filed by the petitioner / land lady against the order of the learned District Munsif, Ootacamund dated 2-11-2011 made in E.A. No. 223 of 2011 in E.P. No. 3 of 2011 in R.C.O.P. No. 17 of 2009, whereby the learned District Munsif has allowed the application filed by the respondent / tenant under R.12(3) of the Tamil Nadu Buildings (Lease and Rent Control) Rules, 1974 and recalled the warrant of possession issued in the execution proceedings.

2. For better appreciation, the impugned order dated 2-11-2011 is quoted hereinbelow:
'On 07-01-2010 in R.C.O.P. 17/09 set ex parte order was passed. Subsequently, the Petitioner / Landlord filed execution petition in E.P. No.3/11. On 04-07-2011 counter filed. On 09-08-2011 petitioner's side enquiry heard. On 12-08-2011 respondent's side enquiry not taken. No representation. Orders reserved by 19-08-2011. On 19-08-20




















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