GOVINDA MENON Vs. HOUSE RENT CONTROLLER COIMBATORE

JUDGEMENT

(1.) THE legality of the Order of that House Rent Controller, Coimbatore, directing' the petitioner to vacate the, premises of which he has been in occupation as a usufructuary mortgagee is the subject matter of this writ petition.

(2.) THESE proceedings relate to a house hearing door No. 4/2-B Desaba Colony, race Course, Coimbatore. The petitioner is a retired Assistant Conservator of forests who was originally residing at Salem His mother who was at Coimbatore fell 111 and the petitioner decided to move to Coimbatore to stay with his mother. Consequently the petitioner obtained a usufructuary mortgage of the premises now In dispute from the owner on 3-2-1956. At that time, toe house was fn the occupation as a tenant of one V. Chenthamaral Kannan, an advocate of coimbatore.

(3.) AFTER obtaining the mortgage the petitioner filed a petition under Section 7 of the Madras Buildings (Lease arid Bent Control) Act, 1949, for the eviction of the tenant from the house on the ground that it was bona fide needed for his residence. This petition was filed on 15-2-1956. The tenant appeared In response to the notice and agreed to vacate the house in two months' time.