M. GUNASEKARAN Vs. JAGADEESAN

JUDGEMENT

(1.) The order under challenge, directs the petitioner/defendant to vacate and hand over the vacant possession of the 'B' schedule property within a period of two months. Though Sec. 41 of the Presidency Small Cause Courts Act, 1882 provides for an appeal against the order, the present civil revision has been filed, apparently, by invoking Sec. 96 (4) of the CPC., which debars appeal against judgment from the Small Causes Court.

(2.) Heard Mr.P.M.Bakthavatsalam, learned counsel for the petitioner.

(3.) The case of the respondent/plaintiff is that the suit properties are self acquired properties of the respondent herein and that the petitioner herein, who is the defendant in the ejection suit was permitted to occupy the same as a licensee, till the revocation of the license. When the respondent herein had issued a notice to the petitioner calling upon him to quit and deliver vacant possession of the suit property, the same came to be returned with an endorsement as "refused". Hence the suit.