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1955 Supreme(Mad) 150

MACK
A. Arunachala Naicker – Appellant
Versus
V. Gopal Stores represented by its proprietor V. Gopal – Respondent


Advocates:
V. Srinivasa Aiyar and K.Raman for Petitioner.
W.S.Venkataramanjulu for Respondent.

Judgment

The petitioner, a revenue peon drawing Rs.51 a month employed in the office of the Chief Engineer for Irrigation seeks to revise an order passed by the Additional Judge of the Court of Small Causes confirming an order by the Rent Controller directing his eviction from a portion of a building with a separate door number 543 in Pycrofts Road, Triplicane. It is not disputed that this peon’s wife did here a business in betel and curd and that the petitioner has been in occupation as a tenant for twenty-five years. The respondent was also a tenant from the same landlord of premises with a separate door number, 542 until by a registered sale deed, Exhibit P.2 dated 9th October, 1953, he purchased both the door numbers, 542 and 543. He, then, on the footing of his purchase and on the plea that he wanted the premises occupied by the petitioner for an extension of his own maligai and provision stores, applied to evict the petitioner. Both the Courts concurred in finding that the respondent bona fide required premises No. 543 for an extension of his own business. Both Courts also concurred in holding that this was not an application for eviction which could be dismissed under the pro






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