← Library
Madras High CourtSA/1644/2004disposed of

S.Mehdi Ispahani v. Girdarilal Chandak & Brothers

2018-12-17Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.12.2018 Coram:

The Honourable Dr.Justice G.JAYACHANDRAN S.A.No.1644 of 2004 & S.A.No.1030 of 2005

1. S.Mehdi Ispahani,

2. S.Ali Ispahani,

3. Mohamed Ispahani, ... Appellants in S.A.No.1644 of 2004 / Defendants 2 to 4 M/s.Girdarilal Chandak & Brothers (HUF), Rep. By its Kartha Yogendra Chandak, New Address: No.66, G.N.Chetty Road, T.Nagar, Chennai-600 017.

... Appellant in S.A.No.1030 of 2005 / Plaintiff Name substituted vide order of Court dated 27.11.2013 made in CMP Nos.921 & 922 of 2013 in S.A.Nos.1644 of 2004 & 1030 of 2005 Vs.

M/s.Girdarilal Chandak & Brothers (HUF), Rep. By its Kartha Yogendra Chandak, New Address: No.66, G.N.Chetty Road, T.Nagar, Chennai-600 017.

... Respondent in S.A.No.1644 of 2004 / Plaintiff Name substituted vide order of Court dated 27.11.2013 made in CMP Nos.921 & 922 of 2013 in S.A.Nos.1644 of 2004 & 1030 of 2005.

1. S.Medhi Ispahani,

2. Mr.S.Ali Ispahani,

3. Mr.S.Mohamed Ispahani, All residing at No.177, Poonamallee, High Road, Chennai-600 010.

... Respondents in S.A.No.1030 of 2005/ Defendants

S.A.No.1644 of 2004 :

PRAYER: This Second Appeal are filed under Section 100 of Civil Procedure Code, praying against the judgment and decree dated 27.01.2003 and made in A.S.No.169 of 1998 on the file of VI Additional Judge, City Civil Court, Chennai, reversing the Judgment and decree dated 06.03.1997 made in O.S.No.1833 of 1991 on the file of VII Assistant Judge, City Civil Court, Chennai. S.A.No.1030 of 2005 :

PRAYER: This Second Appeal are filed under Section 100 of Civil Procedure Code, praying to setaside the judgment and decree dated 27.01.2003 and made in A.S.No.169 of 1998 on the file of the learned VI Additional Judge, City Civil Court, Chennai, confirming the Judgment and decree dated 06.03.1997 made in O.S.No.1833 of 1991 on the file of the learned VII Assistant Judge, City Civil Court, Chennai in so far as it relates to refusal of relief of permanent injuction.

S.A.No.1644 of 2004:

For Appellants : Mr.R.Balachander For Respondent : Mr.AR.L.Sundaresan for Mrs.AL.Gandhimathi S.A.No.1030 of 2005:

For Appellant : Mr.AR.L.Sundaresan for Mrs.AL.Gandhimathi For Respondents: Mr.R.Balachander C O M M O N J U D G E M E N T The learned counsel appearing for the appellant in S.A.No.1644 of 2004 and respondent in S.A.No.1030 of 2005 would submit that pursuant to the order passed by the Appellate Court, which is the subject matter of these two Second Appeals, several developments has taken, wherein the landlord who are the Appellants in S.A.No.1644 of 2004 has taken delivery of the suit properties. In these two Second Appeals renewal of the lease period for further period of 20 years and permission to claim fair rent is under challenge. The renewed lease period expired as early as 2007. Fair rent proceedings had culminated in eviction. So, both on facts as well as law, nothing survives in these two Second Appeals.

2. Accordingly, both the Second Appeals are disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar bsm To 1.

The Learned VI Additional Judge, City Civil Court, Chennai.

2.

The Learned VII Assistant Judge, City Civil Court, Chennai.

3.

The Section Officer, VR Section, High Court, Madras. ( 2 copies) +1 cc to Mr.R.Balachander, Advocate, S.R.No.87567. S.A.No.1644 of 2004 & S.A.No.1030 of 2005 AK(CO) SSM(21/01/2019)