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1978 Supreme(SC) 335

P.S.KAILASAM, D.A.DESAI
K. Doraiswami Naidu – Appellant
Versus
Church Of Christ, The King, By Its Parish Priest – Respondent


JUDGMENT

P. S. KAILASAM, J.:—This is an appeal by special leave under Art. 136 of the Constitution of India against the judgment of the High Court of Judicature at Madras in C. R. P. No. 459 of 1967 dated 7th November, 1968. The landlord is the Church of Christ, the King, by its Paris Priest in Coimbatore applied for eviction of the tenant, the appellant herein. The tenant occupied the premises on a monthly rent of Rs. 165/-. The tenancy agreement was for a period of 5 years. The respondent-Church issued a notice Exh. A-1 on 22-4-1963 calling upon the tenant to vacate the premises since the Church wanted to demolish and reconstruct the existing building. Ultimately, the Church filed R. C. O. P. No. 232 of 1963 under Section 14 (1) (b) of the Madras Buildings (Lease and Rent Control) Act. The petition was contested and the Rent Controller held that the plea of the Church that the premises was required for demolition and reconstruction was not bona fide and dismissed the petition. On appeal, the Court of Subordinate Judge, Coimbatore, in appeal No. 39 of 1964 allowed the appeal and ordered eviction of the appellant from the premises. The tenant took up the matter to the District Judg



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