Madras High CourtCRP/4632/2017dismissed

C.Mohan v. Rajani Bhaskaran

2017-12-18Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2017

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP(PD)No. 4632 of 2017 and CMP.No.21801 of 2017 C.Mohan .. Petitioner Vs Mrs.Rajani Bhaskaran .. Respondent PRAYER: This Civil Revision Petition is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960 r/w 115 of C.P.C to set aside the Judgment and Decree dated 31.08.2016 made in R.C.A.No.527 of 2015 on the file of the VII Court of Small Causes (Rent Control Appellate Authority) at Madras confirming the Order and Decree dated 07.09.2015 made in M.P.No.7 of 2014 in R.C.O.P.No.2118 of 2013 on the file of the XV Court of Small Causes (Rent Controller) at Madras. For Petitioner :Mr.S.Kasirajan

O R D E R

This Civil Revision Petition is filed against the Judgement and Decree dated 31.08.2016 made in R.C.A.No.527 of 2015 on the file of the VII Court of Small Causes (Rent Control Appellate Authority) at Madras confirming the Order and Decree dated 07.09.2015 made in M.P.No.7 of 2014 in R.C.O.P.No.2118 of 2013 on the file of the XV Court of Small Causes (Rent Controller) at Madras.

2. The learned counsel for the petitioner submitted that the Appellate Court directed the Revision Petitioner to deposit the remaining 50% of the amount for a sum of Rs.8,25,000/- i.e., Rs. 4,12,500 towards the arrears of rent for the months of November 2012 to August 2015 on or before 20.10.2016 to the credit of RCOP. No.2118/2013.

3. According to the learned counsel for the petitioner, the aforesaid direction has been duly complied with. After compliance of the said order, the petitioner has filed the present Civil Revision Petition only for the disputed period November 2012 to July 2013 stating that the amount already been paid. Therefore, only for disputed period, filed the

present Civil Revision Petition is filed before this Court.

4. Pursuant to the order passed by the Court below in M.P.7 of 2014 in R.C.O.P.No.2118 of 2013, which was confirmed in R.C.A. No.527 of 2015, the petitioner has complied with the conditional order, and therefore, there is no adjudication in the present Civil Revision Petition. However, the petitioner shall agitate his rights in the RCOP petition in respect of the disputed period as contended by the petitioner.

5. Accordingly, the Civil Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed. No Costs. 18.12.2017 Index: Yes/ No Internet: Yes/No Speaking Order/Non Speaking Order RKP

D. KRISHNAKUMAR J., RKP To 1.The VII Judge,Court of Rent Control Appellate Authority, Small Causes Court, Chennai.

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

CRP(PD)No. 4632 of 2017 and CMP.No.21801 of 2017 18.12.2017