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1950 Supreme(Mad) 251

CHANDRA REDDI
Hari Rowjee Gore Sastri – Appellant
Versus
The Malabar District Board, Kozhikode, by its Special Officer – Respondent


Advocates:
K.P. Ramakrishna Aiyar for Petitioner.
The Advocate-General (K. Kuttikrishna Menon) for Respondent.

Judgment

The plaintiff in S.C.S. No. 138 of 1947 has filed this petition in revision against the decree and judgment of the District Munsiff of Calicut. This petition arises out of a suit filed by the plaintiff for recovery of a sum of Rs. 129-8-0 being the arrears of rent at enhanced rate from 1st October, 1946, to 2nd July, 1947. The plaintiff, who is the owner of two buildings in Calicut, let them out to the District Board at a rental of Rs. 15 and Rs. 25 each. After the Madras Buildings (Lease and Rent Control) Act (XV of 1946) came into force, he claimed enhanced rent at the rate of Rs. 20 and Rs. 34 respectively from the District Board. The respondent-District Board replied that they could not of their own accord agree to pay enhanced rate, but that if he so chose, he could move the Rent Controller for fixing the fair rent. Thereupon the plaintiff filed an application before the Rent Controller for fixing fair rents at the rate claimed by him, namely, Rs. 20 and Rs. 24 from 1st October, 1946, the date on which the Act came into force. The answer given to that claim by the defendant was that they were agreeable to pay any enhanced rent that the Rent Controller might fix. The Re











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