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1951 Supreme(Mad) 256

SUBBA RAO
Matlapudi Janardana Rao – Appellant
Versus
Yanduri Venkata Subba Rao – Respondent


Advocates:
N.V.B. Sankara Rao for Petitioner.
A. Sambasiva Rao and P. Raja Rao for Respondents.

Order.-

This is an application for issuing a writ of certiorari to quash the order of the learned Subordinate Judge of Vijayawada made in appeal against the order of the Rent Controller. The petitioner had been a tenant of the respondents since 1940. He filed an application before the Rent Controller, H.R.C. No. 153 of 1947 in 1947 for fixation of a fair rent. That application was disposed of by an order, dated 14th November, 1947 and the Rent Controller held that the rent of Rs. 20 per month was a fair rent. He preferred an appeal against the said order in Mis. A. S. No. 216 of 1947. But that appeal was not pressed as the matter was settled between the parties. In the present application he asked the Rent Controller to fix a fair rent of about Rs. 4 or Rs. 5 per month on the ground that the rent paid by him was very excessive. When that application came up for disposal before the Rent Controller, the landlord did not appear and he was declared ex parte. After taking the evidence of the petitioner, the Rent Controller fixed the fair rent at a sum of Rs. 20 per month. The petitioner preferred an appeal to the learned Subordinate Judge of Vijayawada. The learned Subordinate Judge held





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