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1956 Supreme(Mad) 394

P.V.RAJAMANNAR
E. K. Nagamanickam Chettiar – Appellant
Versus
Nallakanna Servai – Respondent


Advocates:
M. R. Narayanaswami for Petitioner.
R. Ekambaram for Respondent.

Judgment

In this case the landlord, who is the petitioner before me, sought to evict the tenant under section 7(3)(iii) of the Madras Buildings (Lease and Rent Control) Act, on the ground that he wanted the building for the business which he was carrying on. It was true that he was carrying on business in camphor in a rented building and he has not been threatened with eviction therefrom. But the learned Subordinate Judge, the appellate tribunal, has found-and that finding cannot be challenged-that the landlord desires to instal power-driven machinery for the said business. There is a finding of fact of the learned Subordinate Judge that the rented building which he is now occupying is unsuitable for the installation of power-driven machinery. Indeed, the landlord’s application for a licence has been refused by the Municipality. It follows therefore that he is not in occupation of a building for the purpose of carrying on the business of manufacturing camphor with the help of power-driven machinery. He would therefore be prima facie entitled to the benefit of section 7(3)(a)(iii) of the Act. Section 7(3)(c) indicates that a landlord is entitled to evict a tenant who is occupying a p



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