R.Bakthavatsalu v. R.Narasimmalu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2023

CORAM

THE HONOURABLE Dr.JUSTICE D.NAGARJUN and CMP.No.7631 of 2023 R.Bakthavatsalu ... Petitioner -Vs1. R.Narasimmalu

2. Roshan Kumar ... Respondents PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the fair and decreetal order dated 27.01.2023 in MP.(SR) No.19775 of 2022 in RLTOP.No.112 of 2021 passed by the X Small Causes Court, Chennai, consequently allow the petitioner herein to be impleaded in the RLTOP proceedings in RLTOP.No.112 of 202. For Petitioner :

Mr.V.Ramanareddy ***** 1/4

O R D E R

This Civil Revision Petition is filed against the order passed in MP.(SR).No.19775 of 2022 in RLTOP.No.112 of 2021 on the file of the X Small Causes Court, Chennai dated 27.01.2023, wherein the request of the petitioner, who is the brother of the landlord, to implead him as one of the party in RLTOP.No.112 of 2021 was rejected.

2. On going through the contents of the orders and on hearing the learned counsel for the petitioner, it appears to this Court that there are no disputes inter se between the petitioner and his brother-landlord, who has filed the petition for eviction of the tenant, except regarding sharing of rent paid by the tenant. Even otherwise the issues between the petitioner and his brother-landlord will have to be resolved by other proceedings and not in a petition filed for eviction of tenant. Sofar as the issues pending before the Trial Court in RLTOP.No.112 of 2021 is concerned, the petitioner being the brother of the landlord, is not a necessary party. In view of the same, the request of the petitioner was rightly declined by the Trial Court. 2/4

3. This Civil Revision Petition is disposed of with the above observations. There shall be no order as to costs. Consequently, connected CMP is also closed.

18.04.2023 kmi To

1. The X Small Causes Court, Chennai.

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Dr.D.NAGARJUN, J.

kmi 18.04.2023 4/4