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1966 Supreme(Mad) 396

T.RAMAPRASADA RAO
Saifuddin Hussainibhoy Siamwala – Appellant
Versus
The Burma Cycle Trading Co. – Respondent


Advocates:
D. Ramaswamy Ayyangar and S. Kuppuswamy, for Petitioners.
V. K. Thiruvenkatachari for K. C. Jacob, S. K. L. Ratan and M. X. Cardoza, for Respondent.

ORDER:-

The landlords are the petitioners before me. The petitioners filed an application under section 10 (3) and section 10 (2) (ii) (a) of the Madras Buildings (Lease and Rent Control) Act against the respondent and another on the ground that they required the premises bona fide for their own use, occupation and business, and that the respondent, without the consent of the petitioners, sub-let a portion of the premises to one Dhandapani &38; Company who was also impleaded in the lower Courts. Before me, however, the question whether the respondent has sub-let the premises has not been agitated and even the alleged sub-tenant has not been impleaded as a party to this petition. The respondent’s contention was that the petition is misconceived and denied that the petitioners are partners of the firm of “ Saleh Brothers” which pleading was evoked because of the allegation in paragraph 5 of the petition that “ the petitioners are carrying on the business under the name and style of” Saleh Brothers at No. 6, Sembudoss Street. “ The respondent also contended that the premises in question is not suitable to the hardware business admittedly carried on by the petitioners in Sembudoss Stre


























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