A.G. PASUPATHY Vs. MOHAMED ISMAIL

JUDGEMENT

(1.) This revision petition under Article 227 of the Constitution of India, is by the tenant in R. CO.P. No. 3678 of 1988, on the file of XI Judge, Court of Small Causes at Madras.

(2.) Relevant facts that are necessary for the proper disposal of the revision may be summarised as follows:

(3.) Petitioner herein filed M.P. No. 265 of 1990, to set aside the ex parte order of eviction, and the same was allowed as per order dated 31.10.1990. Petitioner thereafter filed a counter in the main petition on 11.12.1990. The main eviction petition itself was posted to 3.1.1991 for enquiry. The matter was again adjourned to 10.1.1991, and since there was no representation on behalf of the respondent, the eviction petition itself was dismissed for default. It is not disputed that as on date, the dismissal order has become final. It is said that pursuant to the original ex parte order, respondent herein filed E.P. No. 288 of 1993, for taking delivery of the property, and in fact, dispossession also took place on 1.11.1993. It is the case of the petitioner that his dispossession is unlawful, and he is entitled to restitution.