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1957 Supreme(Mad) 150

RAMASWAMI GOUNDER
P. D. Viswanatha Reddiar’s estate by P. D. Narayayanaswami Reddiar – Appellant
Versus
K. Dhanraj Sowcar – Respondent


Advocates:
L. V. Krishnaswami Ayyar, for Petitioner.
P. Kothandaraman, for Respondent.

Judgment

This is a revision petition filed against the order of remand made by the learned District Judge of Chingleput in regard to the concurrent order of eviction made by the Rent Controller, Chingleput, and the appellate authority, the learned Subordinate Judge of Chingleput under the Madras Buildings (Lease and Rent Control) Act.

The facts are: The petitioner, landlord, before me, filed an application before the Rent Controller for eviction of the respondent, tenant, from his house on the two grounds permissible under the Act cited above, viz., wilful default in payment of rent and that he (landlord) required the premises for his bona fide occupation. The tenant could be evicted under either of these grounds. Both the Rent Controller and the Appellate Authority found that the tenant was plainly guilty of wilful default in the payment of rent. Therefore, they ordered eviction of the tenant. In the revision provided under section 12-B of Act, viz., empowering the District Judge to call for and examine the records relating to any order or proceeding under this Act for the purpose of satisfying himself as to the legality or propriety of such order or proceeding, the learned District









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