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Showing contexts for: ejectment execution in Sri K Govindarajulu vs Sri C Dinesh on 23 August, 2019Matching Fragments
3. On service of notice, the respondent tenant appeared and filed the objections. On appreciating the oral and documentary evidence placed on record the small cause case was dismissed vide order dated 11.10.2013.
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4. Being aggrieved by the said order the petitioner has filed the present revision petition contending that the court below has erred in dismissing the small cause case on the reason that the petitioner landlord could have resorted to the relevant provisions under Order 21 CPC for recovery of arrears of rent in the very same execution petition instead of filing a separate small cause petition for recovery of arrears of rent. The petitioner had taken delivery of possession by filing a suit for ejectment. In Execution Petition, the Court bailiff by breaking open the latch and drawing the mahazar; has delivered the possession of the shop premises to the petitioner. The same has not been considered by the trial Court. The evidence placed on record is not appreciated in proper perspective. Thus, it has resulted in miscarriage of justice.