G.Sumathi v. P.Udayakumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.03.2022
CORAM:
THE HON'BLE Mr. JUSTICE N.SESHASAYEE C.R.P(NPD)Nos.854, 856 & 858 of 2022 G.Sumathi ... Petitioner in all C.R.Ps Vs.
R.Udayakumar ... Respondent in all C.R.Ps PRAYER in C.R.P.No.854 of 2022: The Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order and Decretal order dated 08.12.2021 passed in M.P.No. 2 of 2021 in R.C.A No.141 of 2021 on the file of VIII Court of Small Causes Chennai staying the operation of the Order and Decretal Order dated 08.03.2021 passed in R.C.O.P.No.836 of 2016 on the file of X Court of Small Causes Chennai. PRAYER in C.R.P.No.856 of 2022: The Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the Order and Decretal order dated 08.12.2021 passed in M.P.No. 2 of 2021 in RCA No. 142 of 2021 on the file of VIII Court of Small Causes Chennai staying the operation of the
Order and Decretal Order dated 08.03.2021 passed in R.C.O.P.No. 835 of 2016 on the file of X Court of Small Causes, Chennai. PRAYER in C.R.P.No.858 of 2022: The Civil Revision Petition is filed under Article 227 of the Constitution of India, pleased to set aside the Order and Decretal order dated 08.12.2021 passed in M.P.No. 2 of 2021 in R.C.A. No.143 of 2021 on the file of VIII Court of Small Causes Chennai staying the operation of the Order and Decretal Order dated 08.03.2021 passed in R.C.O.P.No.1133 of 2016 on the file of X Court of Small Causes Chennai. For Petitioner :
Mr.P.B.Balaji in All C.R.Ps.
COMMON ORDER This revision is preferred by the landlord challenging an order of stay granted by the Rent Control Appellate Authority against eviction of the tenant / appellant before it in R.C.A.Nos.141 and 142 of 2021. 2.This Court is informed that the premises comprises of a ground floor and first floor belonging to the same landlord who let it to the same tenant. For evicting the tenant on certain grounds available to the landlord, she had instituted R.C.O.P.Nos.835 and 836 of 2016. In addition she also filed an application in R.C.O.P.No.1133 of 2016 for fixation of fair rent for the entire premises. After due enquiry, the Rent Controller allowed the eviction petitions
in R.C.Nos.835 and 836 of 2016 and also determined the fair rent in terms of Section 4 of the Tamil Nadu Lease and Rent Control Act in R.C.O.P.No.1133 of 2016.
3.Challenging this order, the tenant preferred R.C.A.Nos.141 and 142 of 2021 against the order of eviction and R.C.A.No.143 of 2021 against the order fixing the fair rent of the premises. In all these three appeals, the tenant had filed separate applications for stay of the order of the trial Court. This was allowed by the learned Appellate Authorities. Aggrieved by the same, the landlord is before this Court in this batch of Revision petitions. 4.Heard the learned counsel for the revision petitioner / landlord and perused the papers.
5.This Court does not consider it necessary to interfere with the order of the Rent Control Appellate Authority as it does not find any irregularity or impropriety in the same. Having said that, this Court considers it necessary to pass an order directing the appellate authority to dispose of all the three appeals in R.C.A.No.141, 142, and 143 of 2021 pending before them within a
N.SESHASAYEE, J., kas/d k period of three (3) months from the date of communication of this order excluding the intervening summer holidays, 2022. 6.With the above direction, these Civil Revision Petitions are disposed of. No costs.
22.03.2022 Index : Yes/No Internet : Yes / No Speaking /Non Speaking kas To 1.The VIII Court of Small Causes Chennai.
2.The X Court of Small Causes Chennai and 858 of 2022