LAWS(MAD)-1998-10-91

P JANAKIRAMAN Vs. N UMA DEVI

Decided On October 05, 1998
P.JANAKIRAMAN Appellant
V/S
N.UMA DEVI Respondents

JUDGEMENT

(1.) LANDLORD in R.C.O.P.No.1530 of 1986, on the file of 14th Judge, Court of Small Cause, Madras, is the revision petitioner.

(2.) THE revision is filed under Art.227 of the Constitution of India, complaining to this Court the injustice done to the petitioner, and how the lower Court passed the impugned Order in a callous manner.

(3.) THE main grievance of the petitioner is that the lower Court has gone on a tangent without considering the legal principles. It is submitted by learned counsel that the burden of proof has been wrongly cast on the petitioner in a case where he wanted to get delivery of the building pursuant to an order passed by Court. It is also contended by learned Counsel that material evidence was not considered and certain reasons are mentioned in the Order to reject his application without looking into the record produced by him. It is also submitted that the tenants availed time to surrender possession of the building on the representation that they will file an affidavit of undertaking and this Court believed that statement, and later, instead of filing an affidavit of undertaking, the tenant has set up his own brother-in-law 7th respondent herein, as if he had been in possession of the building even before the eviction petition was filed.