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1969 Supreme(Mad) 222

K.VEERASWAMI, K.N.MUDALIYAR
P. N. Raju Chettiar – Appellant
Versus
The State of Tamil Nadu represented by the Secretary, Home Department (Accommodation Controller), – Respondent


Advocates:
A.K. Srinivasan, for Appellant.
V. Thiyagarajan and T. Aravamudu Iyengar, for Respondents.

Veeraswami, C.J.-The State Government by an order dated 3rd March, 1967, made under section 29 of the Madras Buildings (Lease and Rent Control) Act, 1960, exempted the portion under tenancy in premises No. 176/2 in Anna Pillai Street, George Town, Madras, from the provisions of section 10. The appellant, who is the tenant filed his objections stating inter alia that the respondent landlord was but a poojari and was not carrying on a business for which he could bona fide require the premises for his occupation. .With reference to that the impugned order says:

“The Government are satisfied that the claim of the landlord that he required the shop portion in the occupation of the tenant for starting and running a business of his own is bona fide. But the landlord is yet to commence the business.”

On that view, the order proceeded on the basis that the landlord had no remedy under the provisions of the Act and exercise of the powers under section 29 was called for. The appellant unsuccessfully pursued the matter before the Government by means of what he called a revision petition which was eventually dismissed on 28th December, 1968. On 24th January, 1969 he moved this Court under Article












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