Ayub Khan vs Kathoon Beevi ... 1St
2021 Latest Caselaw 20157 Mad

                                                                           S.A.(MD)No.646 of 2007

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 30.09.2021

                                                     CORAM:

                             THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            S.A.(MD)No.646 of 2007


                   Ayub Khan                ... Plaintiff / 1st Respondent / Appellant



                                                     -Vs-


                   1.Kathoon Beevi          ... 1st Defendant / Appellant / Respondent
                   2.Jamal Mohammed         ... 2nd Defendant / 2nd Respondent / Respondent


                   PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                   Code, against the judgment and decree dated 07.11.2006 made in A.S.No.1
                   of 2005 on the file of the Sub Court, Sivagangai, reversing the judgment
                   and decree dated 13.10.2004 made in O.S.No.109 of 2001 on the file of the
                   District Munsif Court, Tirupathur.


                                     For Appellant          : Mr.S.Srinivasa Ragavan
                                     For Respondents        : Mr.Venkatesan




https://www.mhc.tn.gov.in/judis/


                   1/4
                                                                           S.A.(MD)No.646 of 2007




                                                    JUDGMENT

The plaintiff is the appellant in this second appeal. The plaintiff

wanted to restrain the landlord from taking recourse to coercive measures.

The suit was decreed. But on appeal filed by the landlord, the decision of

the trial court was reversed. Hence, the plaintiff has filed the second appeal.

2. In the meanwhile, the landlord filed eviction petition under the

Tamilnadu Buildings (Lease and Rent Control) Act and succeeded therein.

RCA filed by the appellant is said to have been dismissed. The object of the

appellant was that landlord should not act in a high-handed manner. The

landlord has shown his bonafides by taking recourse to law. Therefore,

nothing survives for further adjudication. The second appeal is closed. No

costs.

30.09.2021

Internet : Yes/No Index : Yes/No rmi

To

1.The Sub Court, Sivagangai.

2.The District Munsif Court, Tirupathur. https://www.mhc.tn.gov.in/judis/

S.A.(MD)No.646 of 2007

Copy To The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis/

S.A.(MD)No.646 of 2007

G.R.SWAMINATHAN.J.,

rmi

Judgment made in S.A.(MD)No.646 of 2007

30.09.2021

https://www.mhc.tn.gov.in/judis/