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1949 Supreme(Mad) 71

RAGHAVA RAO, P.V.RAJAMANNAR
Miss Revathi by next friend and guardian S. Parthasarathy – Appellant
Versus
M. Venkataraman – Respondent


Advocates:
V.K. Thiruvenkatachari, N.V.B. Shankara Rao and G. Vasantha Pai for Petitioner.
P. Somasundaram and N. Suryanarayana for 1st Respondent.

Judgment

The Chief Justice.-This is an application by the owner of premises bearing municipal door No. 91, Mowbrays Road, Alwarpet, for the issue of a writ of certiorari to quash the order of the Chief Judge of the Court of Small Causes in H. R. A. No. 264 of 1948, dated 24th August, 1948. That appeal arose out of an application filed by the petitioner before the Rent Controller, Madras, for eviction of the first respondent from the premises on the ground that he had committed default in the payment of the rent for January, 1947. One of the main pleas of the respondent was that the application was not maintainable because of the dismissal of a prior application made by the petitioner to the Rent Controller on 5th June, 1947. On that date, neither the petitioner nor her Advocate was present when the application was called, and therefore the petition was dismissed for default. The respondent also raised other pleas on the merits. The Rent Controller by his order dated 29th January, 1948, passed an order for eviction of the respondent. He found that the respondent committed default in payment of the rent for January, 1947. He overruled the objection as to the maintainability of the app

















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