Chennai Court January 1986 Judgments

A.V.S. Perumal Vs. Vadivelu Asari

Court: Chennai

Reported in: (1986)1MLJ283

Venkataswami, J.1. The above Civil Revision Petition was taken up for final disposal by one of us (The Honourable the Chief Justice). At the time of hearing the same, the learned Counsel for the petitioner canvassed the correctness of the ruling in Manicka Mudaliar v. Shanmughasundara Mudaliar (1982) 95 L.W.297. Finding substance prima facie in the argument of the learned Counsel for the petitioner, my Lord the Chief Justice directed the Civil Revision Petition to be posted before a Division Bench and the matter is thus before us. We shall first set out the facts leading to the filing of the Civil Revision Petition before considering the proposition of law laid down in Manicka Mudaliar's Case (1982) 95 L.W.297.2. The petitioner is the defendant in O.S.No. 252 of 1981, on the file of the court of the District Munsif of Tiruchengode. The respondent herein filed the said suit for declaration of his right to continue in possession of the suit property as lessee and for permanent injunction...