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1952 Supreme(Mad) 229

SUBBA RAO
Dr. K. C. Nambiar – Appellant
Versus
The State of Madras by its Chief Secretary – Respondent


Advocates:
M.K. Kambiar and C.F. Louis for Petitioner.
V.P. Sarathy for the Government Pleader (P. Satyanarayana Raju) on behalf of the State.
Messrs. Subramanyam and Rajagopal for Respondents.

Order.-

This is an application for issuing a writ of certiorari to call for the records and quash the order of the Government of Madras dated 9th September, 1950. The petitioner is a doctor. Premises No. 2/157, Purasawalkam High Road, is owned by three brothers, P. Sourirajulu Naidu, Rangarajulu Naidu and Dhana-rajulu Naidu. On 10th October, 1938, the petitioner took the said house on lease for the purpose of running a nursing home. Since that time he has been running a nursing home under the name and style of “Nambiar’s Hospital.” On 6th February, 1945, Sourirajulu Naidu, since dead, filed an application before the Rent Controller, H.R.C. No. 3989 of 1945, for evicting the petitioner on the ground that he made a default in the payment of rent. But that was dismissed on 13th December, 1945. In October, 1946, he filed another application, H.R.C. No. 5244 of 1946, seeking to evict him on the ground that the petitioner was in arrears of rent and that he wanted the premises for his personal use. On 5th July, 1947, the House Rent Controller dismissed the application. An appeal filed against that order to the Court of Small Causes, Madras, was dismissed. The landlords filed C.M.P. 4139 of








































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