N M HUSSAIN AND CO Vs. STATE
HIGH COURT OF MADRAS
N.M.HUSSAIN AND CO., JANAB S.D.RANGUWALLA
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(1.) THIS is a criminal revision case filed against the conviction and sentence of the learned Chief Presidency Magistrate in C. C. No. 4131 of 1951.
(2.) THE facts are short, and undisputed. The petitioner before us is the owner of premises No. 312 of Thambu Chetti Street, G. T. Madras. This property had been let out by him to X. On that X vacating the premises) this owner sent a communication to the Accommodation Controller on 6-6-1949. There is no dispute now that this communication reached the Controller on the 7th. This petitioner has been waiting till the 14th and finding no reply from the Accommodation Controller, occupied his own premises.
(3.) THE question is whether the landlord has not complied with Section 3 of Madras Act 25 of 1949 as it stood before the words "within a week" were amended into "within 10 days". The section gives option to the Accommodation Controller, on receiving a notice from the owner of the house of a vacancy, to communicate to him within a week, a reply whether he intends to allot the house to a tenant or whether ho is not going to exercise the option but allow the owner himself to occupy it. Therefore it becomes very important whether in this case the communication from the Controller was received by this landlord within a week of his sending the notice to the Controller. The lower Court came to the conclusion that we must exclude the 7th and on that basis "within a week" would mean the 15th and not the 14th. Therefore the court held that this house owner had not complied with the order of the Controller allotting the house to one Rider.;
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