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1955 Supreme(Mad) 244

SOMASUNDARAM
P. A. Aiyannah Chetty – Appellant
Versus
Pala Muddukrishnayya & Co. , Madras – Respondent


Advocates:
T. Venkatadri for C.A. Vaidyalingam and P. Venkataswami for Petitioners.
V. Tyagarajan for K.S. Narayana Ayyar and N. Sivaswami for Respondents.

Judgment

This Civil Revision Petition is by the landlords against the Judgment of the Additional Judge, Court of Small Causes, Madras, confirming the order of the Additional Rent Controller refusing to order eviction of the respondents herein.

The respondent company was occupying premises No. 84, Godown Street, G.T., Madras, as the tenant of the petitioner from 1928 onwards. At the inception of the tenancy in 1928 there was nothing to indicate that there was any written lease between the parties. In 1943 there was a written lease for a period of three years and this lease expired by 31st January, 1946. Subsequently there were negotiations between the parties for the execution of a fresh lease. The landlords who are the trustees of a certain charity, known as Pappichetti Raghaviah Chetty’s charities through the manager of the charities sent a letter to the respondent for the purpose of executing a fresh lease which was more or less on the same lines as that of the previous one. That letter is Exhibit R-1(a). In reply to that letter the tenant, namely, the present respondent wrote a letter. Exhibit R-3 was written by the Honorary Secretary of the charities on 28th of May, 1946, statin













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