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Madras High CourtCRP/2792/2017disposed of

V.K. Kumaresan v. Dr. P. Jayadseelan

2018-01-11Honourable Mr Justice D. Krishnakumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2018

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR CRP.(NPD).No.2792 of 2017 and CMP.Nos.13197 & 16798 of 2017 V.K.Kumaresan .. Petitioner Vs.

Dr.P.Jayaseelan .. Respondent PRAYER:

The Civil Revision Petition is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 against the docket order passed in IA.No.67 of 2017 in IA.No.137 of 2015 in RCA.No.Nil of 2015 dated 26.07.2017 passed by the Sub Judge, Vellore.

For petitioner : Mr.R.Chandrasekaran For respondent : Mr.Venkatesh Mahadevan

ORDER

According to the revision petitioner, the respondent has filed a petition in RCOP.No.24 of 2010 for arrears of rent, which was allowed. In the aforesaid RCOP, the respondent has also filed a petition in EP.No.95 of 2015. Pursuant to that, the revision petitioner has filed an appeal in RCA.No.Nil of 2015 along with an

application in IA.No.137 of 2015 to condone the delay in filing the above RCA. Thereafter, the revision petitioner has filed an application in EA.No.138 of 2017 in the above EP to stay all further proceedings, until disposal of the RCA, which was dismissed. In the aforesaid condone delay application, the respondent has filed an application in IA.No.67 of 2015 under Section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 to order the petitioner / tenant to pay the arrears of rent of Rs.2,44,800/- at the rate of Rs.1,800/- per mensum from February 2006 to May 2017 or else stop all further proceedings and make an order directing the tenant to put the landlord in possession of the schedule premises. By order dated 26.07.

2017, the Rent Control Appellate Authority has passed an order by directing the revision petitioner to pay the arrears of rent as claimed in the petition as in the form of depositing before the Court, failing which the revision petitioner shall hand over the demised property. When the said application is pending, the revision petitioner has challenged the order dated 26.07.2017 before this Court. This court, at the time of admission, has granted interim stay on condition that the revision petitioner shall pay 50% of the arrears of rent and also to pay the future rent to the respondent.

2. Today, the matter is posted for final disposal. The

learned counsel for the revision petitioner would submit that the aforesaid conditional order dated 26.07.2017 passed by this Court has been complied with by the revision petitioner and also submitted that the application in MP.No.137 of 2015 in RCA.No.Nil of 2015 to condone the delay is still pending.

3. The learned counsel for the respondent would submit that the revision petitioner has admitted the rental amount at the rate of Rs.1,800/- per month by filing a memo on 25.07.2017 before the Rent Control Appellate Authority, wherein he has given an undertaking to pay the rent at the rate of Rs.1,800/- per month which comes to Rs.2,44,800/-.

4. In the light of the above, there is nothing to be adjudicated on merits in the present Civil Revision Petition. Therefore, the Civil Revision Petition is liable to be dismissed.

5. Both the parties undertake to cooperate with the disposal of the application in MP.No.137 of 2015 in RCA.No.Nil of 2015 within the time frame as may be fixed by this Court.

6. In view of the above submissions, this court is

inclined to pass the following orders.

(i) The revision petitioner is directed to pay the balance arrears of rent to the respondent as per the order passed in IA.No.67 of 2017 dated 26.07.2017 within the period of eight weeks from the date of receipt of a copy of this Order. (ii) After the conditional order has been complied with, thereafter, the Appellate court is directed to dispose of the application in MP.No.137 of 2015 in accordance with law as expeditiously as possible preferably within the period of six weeks after providing an opportunity to the parties concerned

7. The Civil Revision Petition is disposed of with above directions. Consequently, the connected miscellaneous petitions are closed. No costs.

11.01.2018 Speaking / Non Speaking order Index :Yes/No Internet :Yes/No lok

To The Sub Judge, Vellore.

D.KRISHNAKUMAR.J,

lok CRP.(NPD).No.2792 of 2017 and CMP.Nos.13197 & 16798 of 2017 11.01.2018