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1949 Supreme(Mad) 27

SATYANARAYANA RAO
D. P. Merchant – Appellant
Versus
The Bank of Mysore, Limited – Respondent


Advocates:
A. Nagarajan for Appellant.
N. Parthasarathi. for Respondent.

Judgment

This is an appeal by the tenant against an order of the City Civil Judge passed by him in execution of the order of the Rent Controller, dated 15th May, 1948, under section 7 of the Madras Buildings (Lease and Rent Control) Act of 1946. The order of the Rent Controller was passed under section 7 on the ground that the tenant failed to pay the rent due to the landlord. To enforce the order, an execution petition was filed in the City Civil Court under section 9 of the Act and under that section the order is executable as if it were a decree passed by that Court. The tenant objected to the execution of the order on the ground that it was passed by the Rent Controller without jurisdiction, as the tenancy was not determined by a notice to quit under the provisions of the Transfer of Property Act. It is in evidence that the landlord who purchased the property on 26th September, 1946, gave a notice determining the tenancy on 30th September, 1946, and requiring the tenant to surrender possession of the property by the end of October, 1946. The tenant then raised the further contention that the landlord accepted rent after that notice and that therefore there was a fresh tenancy wh






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