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1952 Supreme(Mad) 178

RAMASWAMI GOUNDER
S. J. S. Fernandes – Appellant
Versus
V. Ranganayakulu Chetty – Respondent


Advocates:
K. Krishnaswami Iyengar for Petitioner.
S. Ramachandra Aiyar and T.V. Balakrishnan for Respondent. The Court made the following

Order.-

This is an application for review of the order passed by me in C.R.P. No. 85 of 1952, dated 23rd January, 1952.

The short facts are: The petitioner Sri S.J.S. Fernandes is a tenant and the respondent Sri V. Ranganayakulu Chetty is the landlord in regard to premises No. 3, Singanna Naicken Street, G.T., Madras. The landlord filed a petition for eviction of the petitioner on the ground of sub-letting. The Rent Controller found the allegation proved and ordered eviction. The Appellate Court upheld the order. There was a revision petition to the High Court and after hearing the learned advocate for the petitioner, I dismissed the revision petition on the foot that there were no grounds to interfere in revision. This review application has been filed on grounds which have been made to fall under Order XLVII, rule 1, Civil Procedure Code.

The short point for determination is whether this application for review lies.

The Madras Buildings (Lease and Rent Control) Act, 1949, and the rules framed thereunder contain no provision for review and in fact it contained no provision for a revision before that and this Court was holding that no revision lay on account of the fact that the Distr











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