C G SHANMUGHAM Vs. T SUBRAMANIA MUDALIAR DIED

JUDGEMENT

(1.) C.R.P. No. 1795 of 1990 arises out of an order of the 8th Assistant Judge, City Civil Court, Madras, made in E.P. No. 797 of 1988, dated 7-2-1990, dismissing the said E.P. for the reasons stated in the said order. C.R.P. No. 1946 of 1990 arises out of an Order in SR. No. 2695 of 1990 filed under Order 46, Rule 1 read with Section 151, C.P.C., passed by the same 8th Assistant Judge, City Civil Court, Madras, on the same date, dismissing the said SR. No. 2695 of 1990. Pending disposal of the Civil Revision Petition, the sole respondent died and his legal representatives have been brought on record. Any reference hereinafter to the deceased first respondent will include the legal representatives of the deceased first respondent where the context so requires.

(2.) THE facts are common. THE parties are common. THE arguments advanced are also common. THErefore, these two Revision Petitions are disposed of by this common order.

(3.) AGGRIEVED by the dismissal of E.A. No. 924 of 1980, the judgment debtor preferred on 3-4-1981 C.R.P. No. 1135 of 1981, on the file of this Court. Unfortunately, the learned counsel appearing for the decree-holder, for reasons with which we are not concerned now, was not present when the C.R.P. was taken up for final disposal. The learned Judge, after hearing the learned counsel for the judgment debtor, without noticing the Amendment introduced to Tamil Nadu Act 13 of 1980, and without noticing that the decree was one for recovery of arrears of rent as well as for damages, for use and occupation of the premises and, therefore, Section 12 of Act 13 of 1980 was attracted, held that the learned Subordinate Judge was wrong in holding that the judgment-debtor was not entitled to the benefits of Act 13 of 1980. The learned judge also found, while allowing the C.R.P., that the finding of the learned Subordinate Judge that the Tahsildar had no jurisdiction to issue Ex. B-2 Certificate, was incorrect. Consequently, he allowed the C.R.P. on 18-12-1981. Consequent to the allowing of the C.R.P., the E.P., namely, E.P. No. 40 of 1980 itself was dismissed by the Sub Judge, Vellore on 21-4-1982.