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1972 Supreme(Mad) 108

V.V.RAGHAVAN
Rainbow Electric Supply Corporation by its Proprietor Heerachand Shiyal – Appellant
Versus
S. V. Chenchuramiah – Respondent


Advocates:
S.K.L. Ratan and P. Seshayya, for Petitioner.
K.G. Manickavasagam, for Respondent.

Order: —

“In view of the Judgment of the Supreme Court in K. C. Nambiar v. IVth Judge of Court of Small Causes, Madras1 striking down, rule 12 of the Rules, made under section 34, the finding of the Appellate Authority on the question of costs of construction is set aside and the appellate authority will take this on his file and submit a finding on the cost of construction. The Appellate Authority is entitled to take fresh evidence adduced, by the parties. Time for submission of finding four months”. In pursuance of the aforesaid order of the High Court the IV Judge, of the Court of Small Causes submitted the following finding:

2. Finding submitted in obedience to the order of Hon’ble High Court in. C.R.Ps. Nos. 1606 and 2206 of 1968 dated 27th November, 1970. The Hon’ble High Court has observed that in. view of the judgment of the Supreme Court striking down rule 12 of the Rules framed under the Madras Building (Lease and Rent Control) Act, the finding already submitted by this appellate Court in H.R.As. No. 806 of 1965 and 833 of 1965 is set aside and the Hon’ble High Court had directed this Appellate Court to submit a finding on the cost of construction, after taking fresh evide









































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