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(1965) 2 MLJ 308 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : Mr. Justice P.S. Kailasam
Case Number(s) : Criminal Revision Case No. 259 of 1964 (Criminal Revision Petition No. 254 of 1964).
Judgement Date :
Monday 18th of January 1965
| Chandra .. | .....Appellant(s) | | Versus | | | Accommodation Deputy Tahsildar, Office of the Accommodation Controller, Mount Road, Madras-2 .. | .....Respondent(s) |
Madras Buildings (Lease and Rent Control) Act (XVIII of 1960), sections 3 (1), (3), (5) and 33 — Power to requisition building under section 3(3) — Cannot be exercised before receipt of vacancy notice from landlord — Scope of section 3 (5) — Requisition under section 3 (3) before receipt of vacancy notice — Landlord failing to deliver possession — If guilty of contravention of section 3 (5) — Letters to Accommodation Controller to release building Jor personal occupation of landlord — Accommodation Controller failing to take action — Effect.
Under section 3 (1) of the Madras Buildings (Lease and Rent Control) Act the landlord is enjoined to give notice of vacancy within seven days after the building becomes vacant. The notice contemplated is to be given after the building becomes vacant and within seven days from, the date after the building becomes vacant. Section 3 (3) empowers the Government or the authorised officer to intimate to the landlord that the building is required for Governmental purposes within seven days of the receipt of the notice given by the landlord under section 3 (1). The exercise of power under sub-section (3) arises only after the receipt of notice under sub-section (1). Thus the power to requisition the house arises only after the receipt of the notice of vacancy from the landlord. Sub-section (5) ot section 3 — which provides that if the building is required for any of the purposes of section 3 (3), the landlord shall deliver possession of the building in good tenantable repairs and condition to the authorised officer or the allottee named by him — is not independent provision but is subject to sub -sections (1) and (3) of section 3 and any action under sub-section (5) can only be in furtherance of sub-section (3).
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