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Mutikulandia Pillay Vs. Nalla Kakkan Arubalam and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1109a
AppellantMutikulandia Pillay
RespondentNalla Kakkan Arubalam and ors.
Cases ReferredDorasawmy Pillai v. Muthusawmy Moopan
Excerpt:
landlord and tenant - rent recovery act (mad. viii of 1865), section 18, distress under--onus of showing compliance with requirements of law. - 1. the view taken by the district judge is in accordance with dorasawmy pillai v. muthusawmy moopan 27 m. 94 and we are bound by that decision which lays down that it is for the landlord who seeks to avail himself of the special procedure by way of distress provided for by section 18 of the rent recovery act to show that the requirements of the act have been complied with.2. the appeals are dismissed with costs.
Judgment:

1. The view taken by the District Judge is in accordance with Dorasawmy Pillai v. Muthusawmy Moopan 27 M. 94 and we are bound by that decision which lays down that it is for the landlord who seeks to avail himself of the special procedure by way of distress provided for by Section 18 of the Rent Recovery Act to show that the requirements of the Act have been complied with.

2. The appeals are dismissed with costs.


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