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1952 Supreme(Mad) 296

P.V.RAJAMANNAR, VENKATARAMA AYYAR
The Express Estates, Ltd. – Appellant
Versus
The Modern Furnishing House – Respondent


Advocates:
(V.K. Tiruvenkatachari) The Advocate-General and V. Srinivasan for Appellant.
K.N. Karunakaran for Respondent.

The Chief Justice.-

The facts necessary for disposal of this appeal are as follows: Premises Nos. 177 to 179, Mount Road, Madras, were originally leased to Bosotto Brothers, Ltd., by the then owners of the building, Jamal Mahomed. On 22nd May, 1946, the Express Estates, Ltd., the appellant before us, purchased the premises. By an order dated 13th June, 1947, the Government exempted the building from the operation of the Madras Buildings (Lease and Rent Control) Act, 1946. On 26th September, 1947, the appellant filed a suit, C.S. No. 419 of 1947 on the Original Side of this Court, for recovery of possession from Bosotto Brothers, Ltd., and also for the recovery of rent at an enhanced rate. Pending the suit, the Government, by a subsequent order, dated nth March, 1950, cancelled their prior order exempting the premises from the Rent Control Act. On 31st July, 1950, a decree was passed in the suit for possession and for enhanced rent till delivery of possession. The appellant filed an application for execution of the decree, E.P. No. 233 of 1950. After notice to Messrs. Bosotto Brothers, Ltd., the judgment-debtor in the case, the application was ordered. When the representative of the











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