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1949 Supreme(Mad) 215

HORWILL, BALAKRISHNA AYYAR
K. P. S. Thangaswamy Chettiyar – Appellant
Versus
A. Bapoo Sahib – Respondent


Advocates:
M.S. Vaidyanatha Aiyar for Appellant.
A.V. Narayanaswamy Aiyar for Respondent.

Judgment

Balakrishna Ayyar, J.-The property which forms the subject-matter of these proceedings is a shop in Big Bazaar Street, Tiruchirapalli town. The appellant who is the owner of the property applied to the Rent Controller for eviction of the respondent who was his tenant on the grounds that he required the shop for his own use, and that the tenant was in arrears with his rent. The Rent Controller recorded no finding on the question whether the landlord required the shop for his own use; but he found that the respondent was in arrear of rent for June 1947 and therefore passed an order evicting him from the premises. The appellant put the order in execution as soon as he could and actually took possession of the property on 22nd June, 1948. The tenant appealed to the Sub-Judge who reversed the order of the Rent Controller and dismissed the petition for eviction. That order was pronounced on the 25th of August, 1948. Mr. Vaidyanatha Aiyar for the appellant complained that the order made in the appeal was inequitable; but into that matter we cannot go for the reason that under section 12(4) of Madras Act XV of 1946 the decision of the appellate authority is final. On 30th August, 1



































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