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1960 Supreme(Mad) 302

RAMACHANDRA.IYER
R. K. Veerappa Naidu – Appellant
Versus
N. Gopalan – Respondent


Advocates:
G. Ramanujam and V. Ramaswami, for Petitioners.
T. M. Krishnaswami Ayyar and A. Balasubrahmanyam, for Respondent.

Judgment.

The respondent, who is the manager of a joint Hindu family owns a building at Theni which bears Union Nos. 320, 321 and 322. Nos. 320 and 322 are shops situate on either side of No. 321 which is a residential portion occupied by the family ; all the three portions are integrally connected. The shop bearing Union No. 320 was leased out to the petitioner in 1941 and since then he has been in occupation of it carrying on business in electrical goods. The family of the respondent is running a business called Gopal Radio Service in shop bearing No. 322 that is a business dealing in electrical goods and in renting out loud-speaker arrangement. The brother of the respondent, a qualified radio mechanic, started a business, which is now found to be a joint family business in repairing radios, etc., under the name of “Wirless India”. As the accommodation available in shop No. 322 was found insufficient, he took up on lease a building in another part of Theni. Stating that shop No. 322 was necessary for the business carried on by the younger member of the family, the respondent filed a petition for the eviction of the petitioner under section 7 of the Madras Buildings (Lease and Rent












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