E DEVARANI Vs. SANTHANAM KUMAR NADAR

JUDGEMENT

(1.) C. R. P. No. 2839 of 1996 is against the order dated 13. 9. 1996 in M. P. No. 357 of 1994 in R. C. A. No. 240 of 1994 on the file of the vii Judge, Small Causes Court, Madras.

(2.) C. R. P. No. 246 of 1997 is against the order dated 7. 11. 1996 in R. C. A. No. 1134 of 1996 on the file of the VII Judge, Small Causes Court , Madras .

(3.) BEFORE G. Ethirajulu died, he filed another R. C. O. P. No. 18 of 1995 for eviction against the very same tenant Santhana Kumar Nadar for default to pay rent from 1992 to 1995. In the said petition also M. P. No. 773 of 1995 was filed for impleading Mrs. Thaiyal Nayaki and others as parties. The petitioners herein, who were already added as legal representatives of the deceased landlord Ethirajulu opposed the impleading. The XI Judge, Small Causes court, Madras, dismissed the said petition on 8. 8. 1996. As against the said order, the tenant Santhana Kumar Nadar filed an appeal R. C. A. No. 1134 of 1996 on 7. 11. 1976. The VIIth Judge, Small Causes Court, Madras, allowed the appeal. The said appellate authority in the above appeal has held that the proposed parties i. e. , Thaiyal Nayaki and others were necessary parties, since as the co-owners of the petition mentioned property and in that capacity have sold it to the appellant. As against the order of the appellate authority in R. C. A. No. 1134 of 1996 the petitioners herein have filed C. R. P. No. 246 of 1997.