Madras High CourtCONT P/594/2022closed

D.Sridhar v. V.Raju

2023-03-09Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2023 CORAM : JUSTICE N.SESHASAYEE D.Sridhar .. Petitioner / Respondent / Respondent Vs.

V.Raju .. Respondent / Petitioner / Petitioner PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for causing willful, intentional, deliberate and wanton disobedience to the direction issued to him vide order dated 01.10.2019 made in CMP.Nos.21033 of 2019 and 21034 of 2019 and CRP.Nos.3227 of 2019 and 3228 of 2019 on the file of this Court. For Petitioner : Mr.T.P.Prabakaran For Respondent : Mr.K.Selvakumar

O R D E R

This contempt petition is filed seeking to initiate an action for contempt for violating the orders of this Court dated 01.10.2019 in CMP.Nos.21033 & 21034 of 2019 in CRP.Nos.3227 and 3228 of 2019. 1/4

2. The said revision petitions are laid challenging the common order of the appellate Authority dated 04.06.2019 in RCA.No.321 of 2017 and RCA.No.686 of 2017, in fixing the fair rent. Along with these revisions, the tenant of the building took out petitions in CMP.No.21033 of 2019 and CMP.No.21034 of 2019 for stay of the proceedings of the appellate authority. On 01.10.2019, this Court passed a conditional order staying the operation of the order fixing the fair rent, but subject to the condition that the revision petitioner / tenant paid a sum of Rs.4,80,000/- towards arrears of rent. This order is not complied with. Hence, this contempt petition.

3. Heard both sides. If a conditional order is violated or not complied, it would only nullify the effect of the order and does not necessarily lead to a contempt of Court. This Court is further informed that the landlords have since filed a petition for eviction in RLTOP.No.299/2020 under Tamil Nadu Regulation of Rights and Responsibilities Landlords and Tenants Act, 2017. 2/4

4. For the reasons stated above, nothing survives in this contempt petition and same is closed. No costs.

09.03.2023 Index: Yes / No.

Internet : Yes / No ds 3/4

N.SESHASAYEE.J., ds 09.03.2023 4/4