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1963 Supreme(Mad) 225

S.RAMACHANDRA.IYER
S. N. K. Ramaswamy Pillai – Appellant
Versus
Karmega Thevar – Respondent


Advocates:
D. Ramaswami Ayyangar and R. Krishnamachari, for Petitioner.
C.S. Rajappa, for Respondent.

Ramachandra Iyer, C.J. —

This Revision Petition raises an interesting question under the Madras Buildings (Lease and Rent Control) Act, 1960. The respondent is the owner of door No. 61, Main Road, Koilpatti. That had been leased for nonresidential purposes to the petitioner. The former, who had no previous business of his own with a view to start a business, applied to the Rent Controller for eviction of the petitioner on the ground that the building was required for purposes of business which he intended to carry. The application was dismissed both by the Rent Controller and the Appellate Authority on the ground that a mere intention to carry on business would not amount to “ carrying on a business” which would alone under the terms of section 10 (3) (a) (iii), entitle the owner of a building to get the premises from the tenant for his personal use. This view has not been accepted on Revision by the learned District Judge of Tirunelveli. He held that if the request of the respondent was bona fide in the sense that his object was really to start the business and not to put up the rent, it could be said that he was carrying on a business within the meaning of the section. The learne






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