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1966 Supreme(Mad) 24

M.ANANTANARAYANAN, SRINIVASAN, NATESAN
Raval and Co. – Appellant
Versus
K. G. Ramachandran – Respondent


Advocates:
In W. P. No. 1124 of 1963 V. K. Thiruvenkatachariar, for K. C. Jacob, S. K. L. Ratan and R. Srinivasan, for Petitioners; Advocate General for Govt. Pleader and V. Thyagarajan, for Respondents. In C. R. P. No. 1816 of 1963 K. Rajah Aiyar, M. A. Ghatala, V. Narayanaswami and K. R. Ramachandran, for Petitioners; D. Ramaswami Iyengar for S. Kuppuswami, A. V. Murali and Advocate General, for Respondent. In C. S. No. 163 of 62 and Appln. No. 2443 of 64 R. Ramamurti Iyer, for P. V. Subrahmanyam, for the Applicant; V. K. Thiruvenkatachariar, for T. T. Srinivasan and A. N. Rangaswami and Advocate General for Respondents.

Judgement

M. ANANTANARAYANAN, OFFG. C.J. :- W. P. No. 1124 of 1963 comes before us on a reference made by one of us (Srinivasan, J. ). It was a proceeding in prohibition, by Messrs Raval and Co (petitioners), seeking to restrain the respondents, including the Chief Rent Controller, Madras (4th respondent), from prosecuting or proceeding with a petition for the fixation of fair rent, under the Madras Rent Control Acts. Connected with this are two other proceedings, namely, C. R. P. 1816 of 1963 and Appn. No. 2443 of 1963 in C. S. 163 of 1962, in which certain clearly inter-linked questions are involved. Our learned brother (Srinivasan, J.) fell the difficulty that the catena of decisions of this Court as far as the Madras Rent Control Acts are concerned, has been only in the consistent directions that these Acts did purport to interfere with contractual tenancies, both as regards the fixation of fair rents and as regards the respective rights of landlords and tenants, in the matter of eviction and the grounds for eviction; while certain recent decisions of the Supreme Court, no doubt not upon the Madras Acts but upon similar enactments of other States, appear to justify the interpret















































































































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