Chennai Court January 1976 Judgments

P.S. Angaiya Raja a Firm Represented by Its Partner Subramania Raja an ...

Court: Chennai

Reported in: (1976)2MLJ80

ORDERP.S. Kailasam, J.1. These two revision petitions arise Out of two interlocutory applications filed by the petitioners in the different suits for excusing the delay in filing the original petitions for applying under Section 9 of the City Tenants' Protection Act. The summons in the suits for ejectment was served on the petitioners on 26th June, 1971 and 28th June, 1971 and the suits were posted for appearance on 7th July, 1971. According to the petitioners, they were informed by their advocate that the original petition under Section 9 of the City Tenants' Protection Act had to be filed within thirty days from the date of their appearance in Court. As the section required that the petition should be filed within one month after service on them of summons and not from the date of appearance in Court, there was a delay of four days and two days.2. On the merits, there can be no difficulty in excusing the delay, for the learned advocates who appeared for the petitioners have filed aff...