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Shobha Surendar vs H.V. Rajan And Others on 1 November, 1996

7. Sri Holla, in response to the submission of Sri Srinivasan that in view of the decision of the Supreme Court in the case of Shobha Suren-dar, supra, the eviction petition as well as the revision petition filed by the landlords are not maintainable, submitted that in this petition, the said question does not arise for consideration. He pointed out that the landlords have sought eviction of the tenant from the premises, which has been described as "two storeyed dwelling house" in the schedule given to the petition. He pointed out that it is not the case of the tenant at any time in the course of the proceedings before the Trial Court, that the petition schedule premises is not a residential premises and as such, the eviction petition filed by the landlords is not maintainable before the Court.
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