SENGAYYAN CHETTIAR Vs. M RASU CHETTIAR

JUDGEMENT

(1.) This is an application for issuing a writ of certiorari to quash the order of the Subordinate Judge of Kumbakonam made in an appeal against an order of the Rent Controller.

(2.) The petitioner is the landlord. He filed an application No. 47 of 1950 before the Rent Controller for evicting the respondent from a non-residential building on the ground that he required the premises for his own trade. The respondent contended that the application was not bona fide and that the petitioner had another building in which he could carry on his business. The Rent Controller made an order of eviction. In appeal the learned Subordinate Judge set aside that order mainly on the ground that there was an agreement between the landlord and tenant for a period of five years within the meaning of the proviso to Section 7(3)(a)(ii) of Madras Act XV of 1946. The agreement alleged was an oral contract of tenancy for a period of five years. The Subordinate Judge finds that there was such an agreement.

(3.) Mr. Desikan, the learned counsel for the petitioner contended that an oral lease for period of five years is invalid under Section 107 of the Transfer of Property Act and therefore any such alleged oral agreement, even if true, would not protect a tenant under the said proviso. Section 7 (3) (a) (ii) reads: