Madras High CourtCRP/148/2022disposed of

K.P.Rajan v. K.S.Subash

2022-03-14Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2022

CORAM:

THE HON'BLE Mr. JUSTICE N.SESHASAYEE CRP.(NPD)No.148 of 2022 & C.M.P.No.821 of 2022 K.P.Rajan S/o.Kunjiraman Nair Prop.Friends Tea Stall, Old Door Nos. 36, 37, New Door Nos. 75, 77, Paper Mills Road, Perambur, Chennai - 600 011.

...Petitioner/Respondent/Appellant

Vs K.S.Subash S/o. Mr.Sekhar Old.No.35, New No.73, Paper Mills Road, Perambur, Chennai- 11

...Respondent

PRAYER: The Civil Revision Petition is filed under Article 227 of the Constitution of India, pleased to set aside the order dated 12.01.2022 made in M.P.No.1 of 2022 in R.C.A.No. 211 of 2021 on the file of the VIII Judge Small Causes Court (Rent Control Appellate Authority) Chennai. For Petitioner :

Mr.S.Subbiah Senior Counsel for M/s.Elizabeth Ravi For Respondent :

Mr.G.Rajkumar

O R D E R

This revision is preferred by the Revision Petitioner/tenant challenging an order directing notice on a stay Application in M.P.No.1 of 2022 in R.C.A.No.211 of 2021 on the file of the VIII Judge, Small causes Court (Rent Control Appellate Authority) Chennai, which has filed, challenging an order of eviction in R.C.O.P.No.562 of 2018 dated 29.10.2021. 2.Heard the learned counsel on either side.

3.The learned Senior Counsel appearing for the revision petitioner submitted that the Execution Petition in E.P.No.51 of 2022 has been filed by the landlord and it is pending before the X Court, Small Causes, Chennai. R.C.A.No. 211 of 2021 has been filed by the tenant as against the order of R.C.O.P.No.562 of 2018 dated 29.10.2021. The tenant in fact has a chance to succeed in the appeal provided as per the statute.

4. Even the appeal preferred by the tenant is pending for consideration before the Rent Control Appellate Authority, and in the best effective interest of both

sides and to avoid unnecessary procedural complications in this matter, this Court makes the order of interim stay absolute and directs that the stay will continue through out the entire disposal of the R.C.A. No.211 of 2021 by the Rent Control Appellate Authority (VIII Small Causes Court, Chennai) 5.The Rent Control Appellate Authority is now required to dispose of the matter on or before 30.04.2022.

6.With the above direction, the Civil Revision Petition is disposed of. Consequently, connected C.M.P.No.821 of 2022 is closed. No costs. 14.03.2022 Index : Yes/No Speaking Order/Non Speaking Order msv/dk To The learned VIII Judge, Small Causes Court, (Rent Control Appellate Authority) Chennai.

Note:

Office to issue order copy on 16.03.2022

N.SESHASAYEE, J., msv/dk CRP.(NPD)No.148 of 2022 and C.M.P.No.821 of 2022 14.03.2022