K. MUNIAPPAN Vs. K.T. SOMASUNDARAM AND ORS.

JUDGEMENT

(1.) C .R.P. No. 2553 of 2015 arises out of the order dated 24.11.2014 made in I.A. No. 309 of 2014 in I.A. No. 109 of 2014 in RCOP. No. 64 of 2008 on the file of the I Additional District Munsif, Coimbatore.

(2.) THE revision petitioner, who is the tenant, is the respondent in the aforesaid RCOP. No. 64 of 2008 which was filed by the respondent in C.R.P. No. 2553 of 2015 for fixation of fair rent. The respondent in C.R.P. No. 2553 of 2015 has purchased the property from one Vijayakumar, under whom the the revision petitioner was originally the tenant.

(3.) IT is the case of the revision petitioner that he had paid an advance amount of Rs. 6,25,000/ - to the erstwhile owner Thiru. Vijayakumar, who was impleaded as second respondent in RCOP. No. 166 of 2007. Hence, the revision petitioner had filed an application in I.A. No. 214 of 2015 in RCOP. No. 166 of 2007 seeking for a direction to the erstwhile owner as well as the later purchaser viz., the respondents 1 and 2 to refund the excess advance amount of Rs. 6,25,000/ - to the petitioner. In the said application, the erstwhile owner took the stand that he never received any advance as contended by the revision petitioner/tenant.