R MOHMOOD Vs. EBRAHIM SAIFUDDIN

JUDGEMENT

(1.) The writ petition is for certiorari to quash the proceedings in M. P. No. 2329 of 1978 in E. P. 485 of 1978 dated 33-7-1979 an the file of the Rent Controller, (6th Judge. Small Cause Court). Madras.

(2.) The facts are briefly as under -the first respondent was a tenant of the father of the first petitioner, H. Y. Mahmood, in respect of a portion privately marked as No. 5-B Sembudoss St.. Madras 1. comprised in Municipal No. 21 Errabalu Chetti St., Madras 1. since renumbered as No. 12 Errabalu Chetti St., Madras 1. During his lifetime, he filed H. R. C. No. 4254 of 1962 against the first respondent for eviction under the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act. 1960 on the ground of wilful default in payment of rent and also sub-letting of the premises to the second respondent, who has also been impleaded as a party to the proceedings. The matter was contested by both the respondents and ultimately an order of eviction was passed by the Rent Controller on 9-12-1964. Aggrieved by the order of eviction, the matter was taken up in appeal in H. R. A. No. 60 of IVA. which was dismissed on 30-9-1964. Thereafter a revision in C. R. P. No. 2629 of 1964 (Ebrahim Saifuddin and Co. v. Mohmood) was also filed in this court. That was dismissed on 15-11-1966 granting six months' time to vacate. Thus the order of eviction has become final.

(3.) Thereafter, the first respondent filed 0, S. No. 1551 of 067 on the file of the City Civil Court Madras. During the pendency of that suit, he obtained an order of injunction restraining the petitioners herein, from executing the order of eviction passed in HRC Number 4254 of 1962. Ultimately that suit was dismissed on 20-11-1966. Thereafter the second respondent claiming to be the sole proprietrix of Ebrahim Saifuddin & Co., filed O.S. No. 58 of 1969, before the City Civil Court, Madras, for a declaration that she was a tenant of the premises and also for an injunction restraining the landlords from executing the order in HRC No. 4254 of 1960. After contest, that suit was dismissed on 4-12-1974. A. S. No. 126 of 1976, an appeal preferred against the same, has also been dismissed and a further second appeal in S. A. No. 1832 of 1976. Shrishi Mohamedaly v. Mohmood, preferred to this Court was also dismissed.