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1958 Supreme(Mad) 115

BALAKRISHNA AYYAR
S. K. Azimudeen Sahib – Appellant
Versus
K. V. Rangaswami Pillai – Respondent


Advocates:
N. S. Raghavan, for Petitioner.
D. Ramaswami Ayyangar and P. R. Varadarajan, for Respondent.

Judgment

The petitioner is the owner of premises in Bazaar Street, Salem Town, in which two shops bearing Nos. 368 and 369 are located. These two shops are in the possession of the respondent. The petitioner sought to evict the respondent from the premises on the ground that he wanted them to carry on a business of his own. The accommodation controller dismissed the application. The appeal which the petitioner filed before the Subordinate Judge and the revision petition which he filed before the District Judge both failed. He has therefore come to this Court.

The petitioner stated that he wanted the premises in order that he might trade in mill cloth in Salem. He also stated that he has obtained a licence for the purpose from the appropriate authorities. The case of the respondent was that the petitioner was not carrying on any business and that his application was not bona fide, since he had alternative accommodation in another part of the building, access to which could be had from a lane taking off from the Bazaar Road. Mr. Ramaswami Ayyangar, the learned advocate for the respondent, contended that as the petitioner has only obtained a licence for trading in cloth, he cannot be sa









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