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1949 Supreme(Mad) 145

P.V.RAJAMANNAR, RAJAGOPALAN
Kota Ananda Krishna Chetty – Appellant
Versus
Messrs. M. K. and Company alias Mahomed Kasim and Company – Respondent


Advocates:
V. Radhakrishnayya and S. Ramaswami Aiyangar for Petitioner.
S. Ramachandra Aiyar for Respondents.

Judgment

The Chief Justice.-The petitioner is admittedly the owner of a non-residential building in China Bazaar Road, and the respondent is his tenant. He applied to the Rent Controller, for an order of eviction on the ground that he required it for the purpose of carrying on his business as a diamond merchant. The respondent inter alia contended that the petitioner was in occupation of a building in Neelakanta Mehta Street, Thyagarayanagar, where he was carrying on his business; and therefore he was not entitled to the relief he sought. The Second Additional Rent Controller, on the evidence, found that the petitioner was in occupation of a portion of a residential house in Thyagarayanagar, and that he bona fide. required the premises for his own business. He found, therefore, that the petitioner was not occupying a non-residential building for the purpose of the business which he was carrying on, and in accordance with section 7(3)(a)(ii) of Madras Act XV of 1946 he directed the respondent to put the petitioner in possession of the premises. The respondent appealed to the Court of Small Causes at Madras. The learned Judge of the Court of Small Causes allowed the appeal and dismiss





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