Q. What are the equivalent citations for In Re. Navaneethmmal vs ?

The equivalence citation are(1950) 2 MLJ 579 ; AIR 1951 MAD 343 ; AIR 1950 MAD 713 ; (1950) 1 MLJ 807 ; LQ/MadHC/1950/147 ;

In Re. Navaneethmmal Vs. On 03 April, 1950

Q: Q. What was the bench assigned for the case In Re. Navaneethmmal vs ?

HONBLE CHIEF JUSTICE MR. RAJAMANNAR , HONBLE MR. JUSTICE BALAKRISHNA AYYAR

In Re. Navaneethmmal
v.

(High Court Of Judicature At Madras)

Civil Miscellaneous Petition No. 3230 Of 1950 | 03-04-1950

(Prayer: Petition (disposed of on 3-4-1950) praying that in the circumstances stated in the affidavit filed therewith the High Court will be pleased to issue a Writ of Certiorari calling for the records in H.R.A. No. 1389 of 1949 on the file of the Court of Small Causes, Madras, preferred against the order of the Additional Rent Controller, Madras, in L. Dis. No. 3817, H.R.C. of 1949 and to quash the order, dated 25th January, 1950 in the said H.R.A. No. 1389 of 1949.)

The judgment of the appellate authority is certainly not satisfactory, but we see no reason to interfere by way of a writ of certiorari , because there is no error of law apparent on the face of the order. The tenant relied upon payment of rent at intervals longer than a month in support of an agreement that rent had to be paid once in two months. The appellate authority was not satisfied that the agreement had been proved. This finding of his is a finding of fact.

The learned Advocate for the petitioner also urged upon us another point not dealt with by the learned Judge, namely, that the landlord had with him two months rent in advance and he could adjust it towards arrears of rent under section 6( c ). But to invoke the provisions of that sub-section of section 6, the tenant should exercise the option and call upon the landlord in time to make the adjustment. There is no evidence in this case of the exercise of such a choice. The mere fact that the landlord had with him an advance rent does not mean that the tenant has not committed default within the meaning of section 7(2).

The application is dismissed.

Advocates List

For the Petitioner Messrs. K.S. Ramachandra Ayyar, T.A. Rajagopal, T.R. Kesavulu, Advocates. For the Respondent -------

Bench List

HON'BLE CHIEF JUSTICE MR. RAJAMANNAR

HON'BLE MR. JUSTICE BALAKRISHNA AYYAR

Eq Citation

(1950) 2 MLJ 579

AIR 1951 MAD 343

AIR 1950 MAD 713

(1950) 1 MLJ 807

LQ/MadHC/1950/147

HeadNote

Rent Control and Eviction — Eviction — Default in payment of rent — Proof of — Finding of fact — No error apparent on face of record — Hence, writ of certiorari refused — Indian Rent Control Act, 1940 (XXXIX of 1940) — S. 7(2) — Evidence Act, 1872, S. 32