P. RANU Vs. P. KRISHNAN

JUDGEMENT

(1.) LANDLORD in R.C.O.P. 2527 of 1995 on the file of XVIth Small Causes Court, Madras is the revision petitioner herein.

(2.) EVICTION petition was filed against respondent herein on the ground that he has committed wilful default in payment of rent. It is seen an ex parte decree of eviction was passed and subsequently the same was set aside. The case was included in the list on 8.6.1998 on which date petitioner did not appear and consequently application was dismissed for default. To restore the same, petitioner filed M.P. 301 of 1998. The affidavit was filed by Junior Counsel of petitioner, Kamalakumari and the application itself was filed within few days after dismissal of the application. In support of the affidavit filed by Junior Counsel, advocate clerk also filed a supporting affidavit stating the reason why petitioner could not appear when the case was posted in the list.

(3.) THE matter was taken on appeal in R.C.A. No. 825 of 1998 on the file of Rent Control Appellate Authority VIIth Small Causes Court, Madras. Appellate authority also took the same view and dismissed the appeal. It is against the said judgment, this revision petition is filed.