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1961 Supreme(Mad) 156

S.RAMACHANDRA.IYER
T. Balakrishna Mehta – Appellant
Versus
The State of Madras represented by its Secretary, Home Department – Respondent


Advocates:
N. C. Srinivasan, for Petitioner.
The Government Pleader (A. Alagiriswami), for Respondent.

JUDGMENT.-

This Civil Revision Petition raises a question under section 3 (5) of the Madras Buildings (Lease and Rent Control) Act, 1949, as to whether the State Government would be liable to pay rent in respect of a building required by them for the occupation of their officers but possession of which was not given by the owner thereof. The petitioner is the owner of premises No. 38-B, Mount Road, Madras. The Burmese Consul who was occupying the building vacated it on 5th August, 1955, the owner of the building gave notice of the vacancy to the Accommodation Controller, but he intimated also by the same notice that the building was in a bad state and required immediate repairs not in a fit condition for occupation. The owner also requested the Accomodation Controller not to allot the building to anyone. The Accommodation Controller, however, did not agree to the owner’s request but allotted the building to the Regional Savings Officer, Madras, with effect from 23rd August, 1955. The order specifically stated that the petitioner would be entiled to receive rent from the date on which possession was handed over to the allottee. The allottee never got possession and on the petitioner







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