S RAJA GHETTY Vs. JAGANNATHADAS GOVINDAS

JUDGEMENT

(1.) This is an application for the issue of a writ of certiorari to quash the order of the Second Judge, Small Clauses Court, Madras, sitting as the appellate authority made by him on 16th August 1949 in H. R. A. No. 1077 of 1949 setting aside the order of the Rent Controller dated 2nd August 1949 and directing eviction of the petitioner from the premises described as "Maharani Talkies".

(2.) By a registered deed dated 15th November 1948 executed by and between the petitioners and respondents 1 to 3, the respondents as lessors demised to the petitioners as lessees the cinema theatre known as "Maharani Theatre or Maharani Talkies", Madras, situated in Washerman pet. What was demised is thus described in the indenture:

(3.) The Additional Rent Controller dismissed the application on the ground that there was no default. It is not clear how and why he came to that conclusion. The main argument addressed on behalf of the lessees was that parties were aware of Madras Act XV [15] of 1946 and by this lease they had contracted out of the statute and therefore, the application was not maintainable. The Rent Controller was evidently not inclined to uphold this contention. There was an appeal by the lessors. The appellate authority approached the case from the standpoint that as eviction was claimed under the said Act, Madras Act XV [15] of 1946, and not under the general law in accordance with the agreement between the parties, the only question to be considered was whether there was a default within the meaning of Section 7 (2) (i) of the Act. As there was clearly such a default he found that the lessees were liable to be evicted. He overruled their plea that the arrears of rent should be adjusted from the advance of RS. 21,000. He therefore allowed the appeal and set aside the order of the Rent Controller, and passed an order for eviction. The petitioners are the lessees.