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Captain S. Sunkavally vs Singaraju Malaparaju on 22 April, 1949 cites

Theruvath Vittil Muhammadunny vs Melepurakkal Unniri And Anr. on 10 February, 1949

It was held that notwithstanding the terms of that letter the acceptance and retention of the money operated as a waiver of the notice and a recognition of a continuance of the tenancy. There can be no doubt that in the present case the landlord obtained the fixation of a fair rent and incidentally a substantially enhanced rent from the House Rent Controller on the basis of his recognition of the continuance of the tenancy. I am quite unable to see how a landlord who applies under the House Rent Control Order for the fixation of fair rent to be paid by a tenant in occupation, on getting this done, can then continue to prosecute any suit in a Civil Court for eviction on the basis of a termination of the tenancy on preceding facts. I can find nothing in Muhammadunny v. Melepurakkal Unniri (1949) 1 M.L.J. 452, which lends any support to two legally inconsistent and incompatible positions being open to a landlord. The landlord may prosecute a suit for eviction on the basis of termination of his tenancy under the ordinary law, but he cannot do so after obtaining a fixation of fair rent by the House Rent Controller on an application on the basis of a clear and specific recognition of the continuation of the tenancy.
Madras High Court Cites 3 - Cited by 18 - Full Document

S.P.M. Muthiah Chetti And Ors. vs Muthu K.R.A.R. Karuppan Chetti And Ors. on 2 February, 1927

1. The appellant is the defendant, a medical practitioner, who from 1st April, 1942, rented a house in Bezwada from the plaintiff-respondent at a rent of Rs. 50. There was at the time evacuation from Madras, where the defendant was in practice and also to a lesser extent from Bezwada owing to a war scare from Japanese military potentialities which led to a decrease in rents in both places. The appellant in this house he rented in Bezwada started a medica practice and a nursing home which he is said to be still carrying on. On 31st July, 1943, his landlord filed original Suit No. " 580 of 1943 after notice to quit or pay enhanced rent of Rs. 140 a month, for ejectment and recovery of rent at this rate from 1st April, 1942. The District Munsif of Bezwada dismissed the suit so far as it related to ejectment in view of Section 7 (a)(1) and (2) of the House Rent Control Order, 1941, as amended in 1944 holding that it deprived him of jurisdiction to pass a decree for eviction. He however gave the plaintiff a decree for eight months' arrears of rent at Rs. 50 a month, the admitted unpaid rent due at this rate; and allowed him to reserve his right to recover in a. separate suit the balance of about Rs. 51 the tenant claimed in respect of repairs, etc., he had expended on the house. The landlord filed an appeal in which the Subordinate Judge remanded the suit for disposal as regards the relief for eviction holding on the strength of Moothalinda Chetti v. Venkalesam Chetti (1945) 1 M.L.J. 441, that the District Munsif had jurisdiction to pass a decree for eviction, Section 7-A of the amended Act which came into force on 11th July, 1944, having no application to this suit filed on 31st July, 1943. This appeal is against that order of remand.
Madras High Court Cites 4 - Cited by 26 - Full Document

Mahmood H.Y. vs The Kerala Corporation Ltd. on 4 October, 1944

These provisions are reproduced in Section 7-A of the House Rent Control Order, 1945, and also in Section 7(1) of the Madras Buildings (Lease and Rent Control) Act, 1946.. The learned Judges overruled the decision of Chandrasekhara Aiyer, J., in Mahmmood, H. T. v. Kerala Corporation, Limited (1945) 1 M.L.J. 44, where he held that there was by these provisions an ouster of the jurisdiction of Civil Courts. The order of remand is therefore correct in law as settled by this decision of the Bench, but for another legal point raised in this appeal which requires separate consideration.
Madras High Court Cites 0 - Cited by 10 - N C Aiyar - Full Document
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