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1972 Supreme(Mad) 487

P.S.KAILASAM
Saraswathi Sriraman – Appellant
Versus
Pappi Chetty Raghaviah Chetty’s Charities by its President and Trustees, Subbukrishna Chetty – Respondent


Advocates:
R.S. Venkatachari, R. Dasarathan and P. Doraiswami, for Petitioner.
P. Venkataswami, G. Sudarsana Srinivasan and P. K. Sivasubramaniam, for Respondents.

Judgment:-

The tenants are the petitioners. The respondent is a Charity and it applied for additional accommodation of the premises occupied by the petitioners under section 10 (3) (c) of the Madras Buildings (Lease and Rent Control) Act, i960. Various legal contentions were raised by Mr. R.S. Venkatachari, the learned Counsel for the petitioners-tenants. He submitted that one of the sons of the original tenant Sri Raman who died in 1960 is in the Air Force and as such he belongs to as essential service, and could not be evicted. He relied on the definition of the word ‘tenant’ in section 2 (8) which includes the surviving spouse, or any son, or daughter, or the legal representative of a deceased tenant who had been living with the tenant in the building as a member of the tenant’s family upto the death of the tenant, and submits that the clause “who had been living with the tenant in the building as a member of the tenant’s family upto the death of the tenant” would qualify only the legal representative and not the surviving spouse, or any son, or daughter. His contention is that usually in a clause like this, the rule of construction would limit the qualification to the last claus





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