L.P.Mathew [Since Decs] v. Elezabath Antony [Since Decs]

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2019

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRP NPD No.2248 of 2013 and M.P.No.1 of 2013 L.P.Mathew (since deceased)

1. Mrs. Lewellyn xavier

2. Eugene Mathews .... Petitioners Vs.

Elezabath Antony (since deceased) ... Respondent Prayer : Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Leases and Rent Control) Act , Act 28 of 1960 (as amended by Act 1 of 1980) against the order dated 07.01.2013 passed in RCA No.28 of 2011 by the Subordinate Judge, Rent Control Appellate Authority of the Nilgiris at Uthagamandalam modifying the order dated 7.7.2011 passed in I.A.No.84 of 2006 in RCOP No.20 of 2005 by the District Munsif cum Rent Controller, Uthagamandalam.

For Revision Petitioners : B.Soundarapandian For respondent : Mr.R.Subramanian for Mr.B.Ravi

O R D E R

This revision petition has been filed as against the order of the first appellate court directing the petitioners herein to deposit arrears of rent.

2. This court by its order dated 07.02.2019, directed the revision petitioner to deposit the entire arrears of the admitted rent to the credit of RCOP No.20 of 2005.

3. The learned counsel appearing for the revision petitioner submitted that the order of this court is complied with. He also produced the copy of the lodgement.

4. Since the amount has been deposited, no further order is required in this revision petition and the landlord is permitted to withdraw the amount.

5. Accordingly, (i) The landlord is permitted to withdraw the deposited amount.

(ii) The learned trial court is directed to dispose the rent control proceedings in RCOP No.20 of 2005, within a period of 6 months from the date of receipt of a copy of this order. (iii) The revision petitioner shall continue to pay the rent. (iv) In the event of failure of payment of rent, the same shall be taken note of the Rent Controller.

6. With the above observations, this revision petition is disposed of. No costs. The connected civil miscellaneous petition is closed.

08.04.2019 Index : yes/no Internet : yes/no Speaking order/non-speaking order mst To 1.The Subordinate Judge, Rent Control Appellate Authority of the Nilgiris at Uthagamandalam

2. The District Munsif cum Rent Controller, Uthagamandalam.

N.SATHISH KUMAR. J., mst CRP NPD No.2248 of 2013 and M.P.No.1 of 2013 08.04.2019