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1949 Supreme(Mad) 169

BALAKRISHNA AYYAR
S. A. Seshadri Aiyangar – Appellant
Versus
Narayana Nair – Respondent


Advocates:
G. Ramalinga Reddi for Appellant.
K.S. Narayana Aiyangar for Respondent.

Judgment

This is an appeal from the order of the Principal Judge, City Civil Court, Madras, dismissing an execution petition, E.P. No. 1109 of 1946 on the file of his Court.

The relevant facts are these:

The property which forms the subject-matter of this controversy is a nonresidential building in Besant Road, Triplicane. On 29th May, 1946, the landlord obtained from the House Rent Controller appointed under the Madras House Rent Control Order of 1945, an order for the eviction of the tenant who was then in occupation of the premises. The tenant preferred an appeal to the Collector of Madras which was dismissed on 15th July, 1946. On 2nd August, 1946, the landlord applied to the City Civil Court for execution of the order of eviction that had been made in his favour. On the very same day, namely, 2nd August, 1946, the tenant presented a revision petition to the Government which he was entitled to do under the Madras House Rent Control Order. This order ceased to be in force on 30th September, 1946, and its place was taken by the Madras Act XV of 1946. On 13th March, 1947, that is to say, after the Madras House Rent Control Order of 1945 had ceased to be in force and the Madras Act XV










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