Madras High CourtCRP/1190/2015disposed of

P.Vijaya v. J.Elumalai

2015-03-27Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2015

CORAM

THE HONOURABLE Mr. JUSTICE K.KALYANASUNDARAM CRP.(PD).Nos.1190 and 1191 of 2015 P.Vijaya .. Petitioner in both C.R.Ps.

vs 1.J.Elumalai 2.A.Sundararajan .. Respondents in CRP.No.1190 of 2015 Jayaraman ..Respondent in CRP.No.1191 of 2015 PRAYER IN BOTH CRPS: These Civil Revision Petitions filed under Article 227 of the Constitution of India directing the learned Rent Controller, Puducherry to expedite the disposal of H.R.C.O.P.Nos.64 of 2012 and 2 of 2013 within a time frame.

For Petitioner : M/s.R.Sunil Kumar COMMON ORDER These civil revision petitions have been filed praying for direction to expedite disposal of H.R.C.O.P.Nos.64 of 2012 and 2 of 2013 on the file of the Rent Controller cum Principal District Munsif Court, Puducherry.

2. It is seen that the petitioner had initiated proceedings against

the respondents under Section 10(2)(i) of Puducherry Buildings (Lease and Rent Control) Act.

3. The case of the petitioner is that the respondents have deliberately attempted to delay the proceedings despite they have filed their counter in the year 2013 itself.

4. Mr.R.Sunil Kumar, learned counsel for the petitioner submitted that the eviction petition was filed in the year 2012 on the ground of willful default and the landlords have also filed an applications in I.A.No.354 of 2014 in H.R.C.O.P.No.64 of 2012 and I.A.No.353 of 2014 in H.R.C.O.P.No.2 of 2013 on the file of Rent Controller cum Principal District Munsif Court, Puducherry, under Section 11 of Puducherry Building Lease and Rent Control Act for direction to pay the arrears of rent. However, the tenants have prolonged the litigation, which causes hardship and irreparable loss to the petitioner.

5. Considering the facts of the case and submissions made by the learned counsel for the petitioner, the learned Rent Controller, Puducherry, is directed to dispose of I.A.No.354 of 2014 in H.R.C.O.P.No.64 of 2012 and I.A.No.353 of 2014 in H.R.C.O.P.No.2 of

2013, as expeditiously as possible preferably on or before 30.04.2015 on merits and in accordance with law and also directed to dispose of the Main O.Ps. within a period of two months therefrom. 27.03.2015 kkd Index : Yes/No Internet : Yes/No Note: Issue Order Copy on 31.03.2015.

To The Rent Controller, Puducherry.

K.KALYANASUNDARAM,J., kkd

CRP.(PD).Nos.1190 and 1191 of 2015 27.03.2015