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1953 Supreme(Mad) 241

VENKATARAMA AYYAR
R. M. V. Seshasayana Rao – Appellant
Versus
Manuri Venkatesa Rao – Respondent


Advocates:
K. Bhimasankaram and N. Chandramouli for Petitioners.
B.V. Ramanarasu for Respondents.

Judgment.-

This revision arises out of proceedings taken by the respondents for evicting the petitioners who are in occupation of a house at Guntur as their tenants. The respondents are brothers and it is stated by the petitioners that they (respondents) are members of a joint undivided Hindu family. The application for eviction was filed under section 7(3)(a)(i) of the Madras Buildings (Lease and Rent Control) Act (XXV of 1949) on the allegation that the only house in which the members of the family were residing was a small one and that one of the brothers who had just retired from service, the first applicant, wanted this house for his own occupation. The Rent Controller dismissed the application on the ground that the house which was in the occupation of the family ‘afforded enough of accommodation for the first applicant also’. It is conceded that this was due to a mistake, as the house inspected by the Rent Controller was not the house in the occupation of the family. The Subordinate Judge, on appeal, confirmed the order of the Rent Controller on a different ground, viz., that the joint family must be taken to be the landlord and as the joint family was in possession of anothe







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