J. Peer Mohammed v. M. Narayana Perumal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-02-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRP NO. 1268 of 2023 and CMP No.8575 of 2023 J.Peer Mohammed Petitioner Vs M.Narayana Perumal ... Respondents Civil Revision Petition filed under Article 227 of Constitution of India against the Final Orders passed in R.L.T.A.No.16 of 2021 by the learned IV Additional Judge, City Civil Court, Chennai dated 03.11.2022 confirming the fair order and decree passed in R.L.T.O.P.No.38 of 2020 dated 06.08.2021 by the learned XIV Judge, Court of Small Causes, Chennai. For Petitioner : Mr.T.S.Rajamohan For Respondents : Mr.R.Muthukumar Mr.R.Linga Kumar
ORDER
When the matter is taken up today for hearing, learned counsel for the petitioner seeks permission of this Court to withdraw the Civil Revision Petition. 1/6
2. This Court, on 20.02.2025 has passed the following order:- Learned counsel appearing for the petitioner submitted that pursuant to all these proceedings, there was a dispute between the respondent and his mother and due to which, the respondent's mother had given a complaint against the respondent before the RDO and the RDO has taken possession from the respondent and handed it over to his mother Mrs..Jaya Manoharan. Thereafter, the respondent's other had entered into a fresh tenancy agreement with the petitioner. Therefore, nothing survives for proceeding in this revision petitioner. Further, he seeks time for filing Affidavit of the petitioner with regard to the same and also seeks permission to withdraw the petition.
2. Post on 21.02.2025 under the caption "for orders".
3. Learned counsel for the petitioner has also filed an affidavit before this Court today, which is extracted hereunder for ready reference:- " 1. I am the Revision Petitioner herein and well acquainted with the facts of the case.
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2. It is submitted that pertinently during the pendency of the above R.L.T.A No.16 of 2021, the mother of the Respondent Mrs.Jaya, W/o Late.Manoharan, furnished copy of the settlement deed dt:18.03.2010 executed by her to and in favour of the Respondent herein. The said settlement deed was thereafter revoked based on the Petition forwarded by the above Jaya, by virtue of the proceedings of the District Collector, Chennai in Na.Ka.No.803/2021/A3 dt:01.11.2021. Copy of such proceedings was forwarded by the Respondent herein to the petitioner herein. As per the above proceedings dt:01.11.2021, the settlement deed executed in favour of the Respondent herein was revoked on the Ground of the Respondent being the son of the above Jaya failing to execute his pious obligation. Therefore, now the larger extent of the property, including the shop portion which is the subject matter of this Revision is vest back with the above Mrs.Jaya, mother of the Respondent.
3. It is further submitted that thereafter a fresh rental agreement was entered itnto me and the 3/6
above Mrs.M.Jaya on 29.03.2022, specifying the aforementioned facts. In the reverce side of the above agreement dt.29.03.2022, an endorsement was made on 21.04.2022 to the extent of acknowledging receipt of entire rental arrears by the above M.Jaya, before competent witness. The said document is filed herewith.
4. It is further submitted that now another fresh rental agreement dt:06.03.2024 was executed between me and the above Mrs.Jaya. As on date, I am continuing to pay monthly rents at Rs.10,000/- per month by cash to her without any demur and default. Advance paid is Rs.1,75,000/-.
5. Under these circumstances,it is therefore prayed that this Hon'ble Court be pleased to receive on file this affidavit in the above C.R.P.No.1268 of 2023 for the purpose of passing appropriate orders and thus render justice."
4. Recording the affidavit, the Civil Revision Petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed. 4/6
21-02-2025 To 1.IV Additional Judge, City Civil Court, Chennai
2. XIV Judge, Court of Small Causes, Chennai 5/6
A.D.JAGADISH CHANDIRA,J., sr 21.02.2025 6/6