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R. Venkatesachary and ors. Vs. the Judge, Court of Small Causes and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Case NumberC.M.P. No. 3985 of 1949
Judge
Reported inAIR1950Mad366
ActsMadras Buildings (Lease) and Rent Control) Act, 1946 - Sections 7
AppellantR. Venkatesachary and ors.
RespondentThe Judge, Court of Small Causes and ors.
Appellant AdvocateV.V. Devanathan, Adv.
Respondent AdvocateG. Chandrasekhara Sastri and ;G. Venkatesayya, Advs. for Respondent 2
DispositionApplication dismissed
Excerpt:
- 1. there is no error- of jurisdiction or an apparent error of law on the face of the record. the appellate tribunal has found that the landlord required the entire house for his occupation. though the definition of a building in the act includes a portion of a building, it does not mean that the owner of a house, portions of which have been let separately, cannot file an application for obtaining possession of the entire house as a building. what is sufficient for the landlord is not the real question, but whether he requires the entire building bona fide for his occupation. the finding that he requires it in this case is a finding of fact. the application is therefore dismissed with costs.
Judgment:

1. There is no error- of jurisdiction or an apparent error of law on the face of the record. The appellate tribunal has found that the landlord required the entire house for his occupation. Though the definition of a building in the Act includes a portion of a building, it does not mean that the owner of a house, portions of which have been let separately, cannot file an application for obtaining possession of the entire house as a building. What is sufficient for the landlord is not the real question, but whether he requires the entire building bona fide for his occupation. The finding that he requires it in this case is a finding of fact. The application is therefore dismissed with costs.


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