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Madras High CourtCRP/563/2021disposed of

G.R.Madhankrishnan v. M.Manohar

2021-10-26Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2021

CORAM:

THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN C.R.P.(PD). No.563 of 2021 and C.M.P.No.4785 of 2021 (Through Video Conference) G.R.Madhankrishnan

...Petitioner

Versus

M. Manohar

...Respondent

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the Judgment and Decree dated 16.12.2020 made in R.C.A.No.12 of 2018, on the file of the learned VIII Judge, Small Causes Court, Chennai modifying the fair and decretal order dated 27.11.2017 in R.C.O.P.No.100 of 2013 on the file of the learned XII Judge, Small Causes Court at Chennai.

For Petitioner : Mr.M.Kamalanathan For Respondent : Mr.R.Karunakaran *****

O R D E R

This Civil Revision Petition is filed challenging the order passed in R.C.A.No.12 of 2018 on the file of the learned VIII Judge, Small Causes Court,

Chennai modifying the fair and decreetal order dated 27.11.2017 in R.C.A.No.100 of 2013 on the file of the learned XII Judge, Small Causes Court, Chennai. R.C.O.P.No.100 of 2013 was filed for fixing the fair rent for the petition premises.

2. The learned Rent Controller Appellate Authority fixed the fair rent at Rs.36,160/- per month and that was modified in the Appeal at Rs.24,190/- per month. Against the judgment of the learned Rent Controller Appellate Authority, the petitioner/tenant preferred this revision. Pending this revision petition, the parties have entered into a comprise and filed a Joint Memo of Compromise and as per the said Joint Compromise Memo, the parties have arrived at a settlement and the fair rent for the petitioner premises is to be fixed at Rs.20,000/- (Rupees Twenty Thousand only) per month from the date of filing the R.C.O.P.No.100 of 2013. It is also agreed that the petitioner shall pay the accrued arrears of rent within three months from the date of the order in this civil revision petition, adjusting the rent already paid.

3. In view of the compromise reached between the parties, the fair rent for the petition premises is fixed at Rs.20,000/- (Rupees Twenty Thousand

only) per month from the date of filing the R.C.O.P.No.100 of 2013. The petitioner is directed to pay the accrued arrears of fair rent within a period of three months, from today, after adjusting the rents already paid.

4. Accordingly, this Civil Revision Petition is Disposed of. No costs. Consequently, connected miscellaneous petition is closed. It is needless to mention that the Joint Compromise Memo shall form part of the order. 26.10.2021 Note: Issue Order Copy on 01.11.2021 Index: Yes/ No Speaking Order / Non-Speaking Order sts/jai To:

1) The VIII Judge, Small Causes Court, Chennai.

2) The XII Judge, Small Causes Court, Chennai.

G.CHANDRASEKHARAN, J., sts Order made in C.R.P.(PD). No.563 of 2021 Dated:

26.10.2021