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1945 Supreme(Mad) 105

MOCKETT
C. Moothaliondam Chetty – Appellant
Versus
G. Venkatesam Chetty – Respondent


JUDGMENT

Mockett, J.

1. This revision petition is from an order of the Chief Judge of the Small Cause Court made on an ejectment petition. The lower Court refused an order for possession. The agreed facts are that on the 7th February, 1944, the petitioner referred to hereafter as the landlord gave notice to one Subbiah his tenant to quit by the 28th February. On the 18th of March, an ejectment suit was filed against Subbiah. It may be here stated that without the knowledge of the landlord, Subbiah had sub-let to one Kotiah and Kotiah had sub-let in June 1943 to the respondent. There was a decree in the ejectment suit No. 143 of 1944 for possession on the 31st of March, 1944, possession to be given on the 14th of April. It was discovered on the 11 th of April that,the respondent was in possession. On the 14th of April, the bailiff went to obtain possession and was obstructed by the respondent. He said he was a sub-tenant under Subbiah whereupon this application of the 21st of April was made to the Small Cause Court. Judgment was reserved on the 4th of July, and it was delivered on the 1st of August.

2. Under the provisions of Section 7-A of the Madras Hbuse Rent Control Order which was







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