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1949 Supreme(Mad) 64

P.V.RAJAMANNAR, RAGHAVA RAO
T. C. A. Anandalwar – Appellant
Versus
The Second Judge, Court of Small Causes, Madras – Respondent


Advocates:
C.S. Venkatachari and S. Kuppuswami for Petitioner.
S.S. Baradwaj for the 2nd Respondent.

Judgment

The Chief Justice.-These two applications for issue of writs of certiorari arise in respect of the same subject-matter, namely, Premises No.118, China Bazaar Road, Madras. The petitioner is the landlord, the contesting respondent is the tenant. The petitioner filed two successive applications before the Rent Controller, Madras, for eviction. The first application was on the ground that the tenant had committed default in payment of rent for February, March and April, 1948. The other application was on the ground that the tenant had committed default in payment of rent for July, August and September, 1948. The Rent Controller passed orders of eviction on both the applications, and there were two appeals to the Court of Small Causes. Both the appeals were allowed by the learned Third Judge of that Court, on practically the same reasoning. The landlord has filed the above two applications to quash the two orders of the learned Judge.

It is sufficient to state the following facts for the disposal of these applications. The relit of the premises for January was payable by the end of February 1948. A telegraphic money order for the rent of January was apparently despatched by the






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