FATHIMA BI Vs. STATE OF MADRAS

JUDGEMENT

(1.) This is an application for issuing a writ of certiorari to quash the order of the Accommodation Controller dated 17-7-1951 and 4-8-1951. The petitioner is the owner of the house and premises No. 1/3 Jones Street, G.T. Madras. On 15-1- 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 15- 1-1951. After making some enquiries, on 7-2-1951, the Accommodation Controller issued a notice to the petitioner under Section 3(1), 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 25-4-4951 a complaint was filed in the court of the Chief Presidency Magistrate and the petitioner was fined a sum of Rs. 75.

(2.) The Accommodation Controller allotted the house to one Waters. As the petitioner did not give peaceful possession, on 4-8-1951 the respondent issued a notice under Section 3 (8) of the Act directing the petitioner to deliver possession and also stating that if no vacant possession was given necessary steps would be taken to obtain the same. The petitioner states that the said premises is a non-residential house and that she has let the same to one Abdulla Sait in or about the end of 1950 and since that time he has been carrying on business in the said premises. She further alleges that the monthly rent of the building is less than Rs. 50 and therefore she is not bound in law to give the notice to the Accommodation Controller.

(3.) Learned counsel appearing for the petitioner raised before me various legal contentions questioning the validity of the requisition. I shall proceed to deal with them 'in seriatim'.