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Madras High CourtCRP/3402/2016dismissed

Karthikeyan v. V. Baskaran

2021-03-02Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN and CMP.No.17288 of 2016 Karthikeyan ..Petitioner Vs.

V.Baskaran ..Respondent PRAYER:

The Civil Revision Petition is filed under Section 25 of Tamil Nadu Buildings (Lease and Rent Control) Act against the fair and decretal order dated 26.11.2015 made in IA.No.6 of 2016 in RCA.No.1 of 2015 on the file of the Sub Court, Dharmapuri.

For Petitioner : Mr.K.Thenrajan for Mr.P.Paguttharivu For Respondent : M/s.M.Sudha for Mr.C.Munusamy 1/4

ORDER

This civil revision petition is arising out of the fair and decretal order dated 26.11.2015 made in IA.No.6 of 2016 in RCA.No.1 of 2015 on the file of the Sub Court, Dharmapuri thereby dismissing the petition filed for calling for lower court records. 2.

The petitioner filed petition for deposit of rents for the petition premises which was rented out to him. The respondent is the landlord. After examination of RW1, the respondent filed petition to reopen and recall DW1 to mark certain documents. The said petition was allowed. Aggrieved by the same, the petitioner preferred rent control appeal in RCA.No.1 of 2015. While pending the RCA, the petitioner filed petition to call for the entire records from the trial court. The Rent Control Appellate Authority dismissed the same for the reason that the documents which were sought for by the petitioner were already marked by him through PW1 and also he can very well mark certified copies of the same before the appellate court. Therefore, the Rent Control Appellate Authority rightly dismissed the petition. As such this Court finds no irregularity or infirmity in the order passed by the court below.

3.

Accordingly, the civil revision petition is dismissed. 2/4

Consequently, connected miscellaneous petition is closed. No order as to costs.

02.03.2021 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok To The Subordinate Court, Dharmapuri.

G.K.ILANTHIRAIYAN,J.

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lok 02.03.2021 4/4