Madras High CourtCRP/3962/2014disposed of

Krishnamurthy v. T.Baskaran

2016-07-11Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.3962 of 2014 and M.P.Nos.1 & 2 of 2014 1.Krishnamurthy S/o.R.Thirunavukarasu 2.The Diet Fast Food represented by its Proprietor Anand No.37/1, M.T.H. Road, Villivakkam, Chennai - 600 049.

... Petitioners vs T.Baskaran S/o.Late C.Thirugnanam ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the order of Rent Control Appellate Authority, VIII Judge, Small Causes Court, Chennai, passed in M.P.No.445 of 2014 in R.C.A.No.577 of 2014 on 24.09.2014 confirming the order of Rent Controller, XV Judge, Small Causes Court, Chennai, passed in R.C.O.P.No.1888 of 2011. For Petitioners :

Mr.R.Manickavel For Respondent :

Mr.P.K.Srinivasan *****

O R D E R

This revision arises against the order of Rent Control Appellate Authority, VIII Judge, Small Causes Court, Chennai, passed in M.P.No.445 of 2014 in R.C.A.No.577 of 2014 on 24.09.2014.

2. Heard learned counsel on either side.

It is the submission of learned counsel on either side that in passing the order under challenge, the Court below has relied on evidence recorded in a different case. In the circumstances, this Court would allow this revision and set aside the order of Rent Control Appellate Authority, VIII Judge, Small Causes Court, Chennai, passed in M.P.No.445 of 2014 in R.C.A.No.577 of 2014 on 24.09.2014. The Court below, is directed to pass a fresh order on merits and dispose of the appeal as expeditiously as possible. No costs. Consequently, connected miscellaneous petitions are closed. 11.07.2016 Index:yes/no Internet:yes gm

To 1.The Rent Control Appellate Authority, VIII Judge, Small Causes Court, Chennai.

2.The Rent Controller, XV Judge, Small Causes Court, Chennai.

C.T.SELVAM, J gm Civil Revision Petition (PD) No.3962 of 2014 11.07.2016