Madras High CourtCRP/1850/2007dismissed for default

Mrs.Salma Begam, v. N.P.Nainar Mohamed,

2018-10-31Honourable Ms. Justice P.T. Asha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :31.10.2018

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P.(N.P.D).Nos.1850 & 1851 of 2007 and M.P.Nos.1 & 1 of 2007 1.Mrs.M.Salma Begam ... Petitioner in Both C.R.P.Nos.1850 & 1851 of 2007 -vs1.N.P.Nainar Mohammed 2.N.Shahul Hameed 3.N.Sulthan Basith ... Respondents in Both C.R.P.Nos.1850 & 1851 of 2007 PRAYER for C.R.P.NO.1850 of 2007:Civil Revision Petition filed under section 25 of the Tamilnadu Buildings (Lease and Rent Control) Act, 1960 and amended by Act XXIV of 1973 and Act 1 of 1980) against to set aside the judgement and Decreetal order dated 13.04.2007 passed in R.C.A.No.516 of 2004, on the file of VII Small Causes Judge, Chennai (Learned Rent Control Appellate Authority) and to reversing the Judgment and Decree dated 11.11.2003 passed in R.C.O.P.No.94 of 2003, on the file of X Small Causes Judge, (Learned Rent Controller), Chennai.

PRAYER for C.R.P.NO.1851 of 2007:Civil Revision Petition filed under section 25 of the Tamilnadu Buildings (Lease and Rent Control) Act, 1973, against to set aside the judgement and Decreetal order dated 13.04.2007 passed in R.C.A.No.524 of 2000 on the file of VII Small Causes Judge, Chennai (Learned Rent Control Appellate Authority) reversing the Judgment and Decree dated 02.12.1997 passed in R.C.O.P.No.1747 of 1994, on the file of XV Small Causes Judge, (Learned Rent Controller), Chennai.

For Petitioner : Ms.G.Sumithra For Respondents : Not ready in Notice Regarding R1 to R3 - - - - - C O M M O N O R D E R The above Civil Revision Petition is filed by the tenant challenging the eviction order passed by the Appellate Authority, VII Small Causes Court, Chennai. Since, the petitioner was unable to serve notice on the respondents, this Court directed the revision petitioner by order dated 20.02.2017, to take substitute service to the respondents, has not been taken by the revision petitioner till date.

2. The learned Council for the petitioner would further represent that she would like to get instructions as to whether her claim is still occupying the petitioner premises and for which purpose she request him. Considering the fact that the petitioner has not yet filed the petition for taking substitute service, the matter has been adjourned to 08.11.2018. In this case, the petitioner fails to take the substitute service, hence the Civil Revision Petition will automatically stands dismissed for default as against to respondents, the connected Miscellaneous Petition Nos. 1 and 1 of 2007 is closed. There shall be no order as to costs. 31.10.2018

P.T. ASHA.J tta/arb Index : Yes/No Speaking/non-speaking order To 1.VII Small Causes Judge, Chennai (Learned Rent Control Appellate Authority). 2.X Small Causes Judge, (Learned Rent Controller), Chennai.

3.XV Small Causes Judge, (Learned Rent Controller), Chennai.

C.R.P.(N.P.D).Nos.1850 & 1851 of 2007 and M.P.Nos.1 & 1 of 2007 31.10.2018