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1979 Supreme(Mad) 74

M.M.ISMAIL, S.NATARAJAN
Haji Abdullah Sait – Appellant
Versus
K. Sanjeevi Rao and 8 others – Respondent


Advocates:
P. Chidambaram and M. N. Krishnamani, for Appellant.
A.C. Muthanna, M. Subramaniam, K. C. Ramamoorthy, N. Vibishanan and N. Rajaram, for Respondents.

Ismail, J. - These two appeals arise out of the judgment and decree of this Court on the original side, namely, in C.S. No. 218 of 1963. The former appeal has been preferred by the plaintiff, while the latter appeal has been filed by the third defendant in the suit. Since both sides have preferred appeals, for the sake of convenience, we refer to the parties as they have been arrayed in the suit. Admittedly the suit property belongs to the plaintiff. Equally admittedly the property was leased to one late Seetha-rama Rao under Exhibit P-1 dated 8th July, 1940 and the lease expired on 15th July, 1943, but late Seetharama Rao continued to be in possession as a tenant holding over. This was obviously because the Rent Control Orders and the legislations that were in force in this State gave protection to such persons from eviction. The legislation regarding control of rents started during the second world war. In the then Presidency of Madras the first two orders under the Defence of India Rules were issued as the Madras House Rent Control Order, 1941 and the Madras Godown Rent Control Order, 1942. In 1945 these orders were re-issued with slight changes, as the Tamil Nadu House Rent Con














































































































































































































































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