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1951 Supreme(Mad) 265

SUBBA RAO
Gudivada Jagannadham – Appellant
Versus
Messrs. A. S. Krishna and Co. , Ltd. , Guntur, represented by its Managing Director A. S. Krishna – Respondent


Advocates:
V. Subramaniam and M. Ramakrishna for Petitioner.
K. Rajah Aiyar and A.V. Krishna Rao for Respondents.

Order.-

This is an application for issuing, a writ of certiorari to quash the order of the Additional Subordinate Judge of Guntur made in an appeal filed against the order of the Rent Controller of Guntur. The first respondent is the owner of a three-fifths share in the house and premises bearing door No. 7411 in Guntur Municipality. The petitioner is a tenant in respect of that share. It is not necessary to notice the previous litigation between the first respondent and) others, whereunder the first respondent’s right to three-fifths share in the suit premises was recognised and declared, as the tide of the first respondent to that share is not now disputed before me. The first respondent filed H. R. C. No. 13 of 1949. under section 7(2)(i) of the Madras Act XXV of 1949, for evicting the petitioner. It was alleged in that petition that the house required urgent repairs and also that the petitioner made a default in payment of the rent. That application was filed on and February, 1949. On 12th April, 1949, the petitioner filed another application for amendment of the petition by adding the following clause to para graph 7. It reads:

"as the petitioner’s lease to occupy the premises w








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