CHINNAMUTHU GOUNDER AND ORS. ETC. versus P. A. S. PERUMAL CHETTIAR

CHINNAMUTHU GOUNDER AND ORS. ETC. versus P. A. S. PERUMAL CHETTIAR

As the appellants wilfully denied the title of the landlord, they became disentitled to the benefits under the Act, so the civil court was competent to try the suit for possession and did not need to transfer it under s. 6A.

Parties
Appellant: Chinnamuthu Gounder and Ors. etc.; Respondent: P.A.S. Perumal Chettiar
Jurisdiction
India
Judgment Date
16 February 1970
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated September 2, 1965 of the Madras High Court in Second Appeals Nos. 299, 335 and 346 of 1961
Outcome
Appeals dismissed
Legal Topics
Cultivating Tenants Protection, Jurisdiction of Civil Court, Eviction of Tenants
Tenancy Law Cultivating Tenants Protection Jurisdiction of Civil Court Eviction of Tenants

Case Brief

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Parties

Chinnamuthu Gounder and Ors. etc.

Appellant

P.A.S. Perumal Chettiar

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated September 2, 1965 of the Madras High Court in Second Appeals Nos. 299, 335 and 346 of 1961

Legal Issues

  1. 1 Whether the civil court has jurisdiction to decree the suit for possession in presence of Madras Cultivating Tenants Protection Act, 1955

Ratio Decidendi

As the appellants wilfully denied the title of the landlord, they became disentitled to the benefits under the Act, so the civil court was competent to try the suit for possession and did not need to transfer it under s. 6A.

Court Disposition

Appeals dismissed

Orders

  • No order as to costs in this court