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1961 Supreme(Mad) 345

S.RAMACHANDRA.IYER, SWAMI, SRINIVASAN
K. Perumal Chettiar – Appellant
Versus
V. Muthuswami – Respondent


Advocates:
S. K. Ahmed Meeran and M. Khaja Mohideen, for Petitioner.
P. S. Srisailam, for Respondent.

Ramachandra Iyer, C.J.-

This Civil Revision Petition has been posted before this Full Bench in view of the challenge made to the correctness of the decision reported in Sita Ramanjaneyulu v. Krishnayya1. The subject matter of this Revision Petition relates to certain proceedings initiated by the respondent-landlord for eviction of the petitioner under the provisions of the Madras Buildings (Lease and Rent Control) Act (XXV of 1949). Even earlier, that is on 1st February, 1955, the respondent had filed a petition (H.R.C. No. 35 of 1955) for a similar relief before the Rent Controller, Tiruchirappalli, the ground alleged being that the tenant had defaulted in payment of rent and had sub-let the building which according to him was also required for personal occupation. That application was dismissed by the Rent Controller. An appeal from that order proved fruitless. The respondent questioned the correctness of that order under section 12-B of the Act in C.R.P. No. 15 of 1957 on the file of the District Court, Tiruchirappalli, which also met with a similar fate. That was on 30th December, 1958. While the Revision Petition was pending before the District Judge, that is, on 20th August,
















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