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1952 Supreme(Mad) 218

SUBBA RAO
Fathima Bi – Appellant
Versus
State of Madras represented by the Accommodation Controller of Madras – Respondent


Advocates:
R. Mathrubhutham for Petitioner.
V.P. Sarathy for the Government Pleader (P. Satyanarayana Raju) on behalf of the Respondent.

Order.-

This is an application for issuing a writ of certiorari to quash the order of the Accommodation Controller dated the 17th July, 1951 and 4th August, 1951. The petitioner is the owner of the house and premises No. 1/3, Jones Street, George Town, Madras. On 15th January, 1951, one Fernando wrote a letter to the Accommodation Controller stating that he was a tenant of the said premises and that he was vacating the same on 15th January, 1951. After making some enquiries, on 7th February, 1951, the Accommodation Controller issued a notice to the petitioner under section 3(1) of the Madras Buildings (Lease and Rent Control) Act, 1949 (hereinafter called the Act) calling for particulars and intimating her that the premises have to be kept vacant for seven days from the date of the furnishing of the particulars. The petitioner did not reply to that notice. On 25th April, 1951, a complaint was filed in the Court of the Chief Presidency Magistrate and the Petitioner was fined a sum of Rs. 75. The Accommodation Controller allotted the house to one Waters. As the petitioner did not give peaceful possession, on 4th August, 1951, the respondent issued a notice under section 3(8) of the Ac
































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