G.Kanniappan v. S.Jafer

C.M.P.No.14495 of 2016 in C.R.P.(NPD)No.3223 of 2015 M. DURAISWAMY,J This Court, by order dated 04.09.2015 allowed the Civil Revision Petitions in C.R.P.Nos.1057 and 3223 of 2015 with a direction to the X Judge, Court of Small Causes, Chennai/Rent Controller to return the entire papers pertaining to R.C.O.P.Nos.203 and 1032 of 2010, with liberty to the landlord to re-present the R.C.O.P. before the District Munsif Court, Thiruvottiyur, to conduct de novo trial.

2. Now, the landlord has filed the above petition seeking clarification of the order dated 04.09.2015 made in C.R.P.No.3223 of 2015 in granting liberty to the landlord to withdraw the original petition in R.C.O.P.No.20 of 2015 pending on the file of the Rent Controller, District Munsif Court, Tiruvottiyur.

3. Mr.R.Subramanian, learned counsel appearing for the petitioner/landlord submitted that since this Court had directed the Rent Controller, District Munsif Court, Tiruvottiyur to conduct de novo trial in R.C.O.P.Nos.203 and 1032 of 2010, which were subsequently re-numbered as R.C.O.P.No.20 and 21 of 2015, the Rent Controller is not permitting the landlord to withdraw the Original Petition in R.C.O.P.No.20 of 2015.

4. It is settled position that the petitioner/landlord cannot be prevented from withdrawing the original petition filed by him at any stage of the

M. DURAISWAMY,J rg proceedings. Therefore, it is open to the landlord to file appropriate application before the Rent Controller seeking for withdrawal of the original petition in R.C.O.P.No.20 of 2015, with liberty to initiate separate proceedings for fixation of fair rent. In the case of the landlord filing such application, it is open to the Rent Controller to decide the same on merits and in accordance with law. With these observations, the petition is disposed of. 07.10.2016 rg C.M.P.No.14495 of 2016 in C.R.P.(NPD)No.3223 of 2015