Madras High CourtCRP/3759/2015disposed of

L.Rajendran v. R.Kesavakrishnan

2015-10-13Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2015

CORAM

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN C.R.P.(NPD)No.3759 of 2015 and M.P.No.1 of 2015 L.Rajendran ... Petitioner vs.

R.Kesavakrishnan

...Respondent

Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act to set aside the judgment and decree passed by the learned VIII Judge, Court of Small Causes in R.C.A.No.783 of 2014 on the 29th day of June, 2015 reversing the judgment and decree dated 21.11.2014 and made in M.P.No.101 of 2014 in RCOP No.1053 of 2013 on the file of XVI Judge, Small Causes Court, Chennai.

For Petitioner : Mr.S.Muthu Durai

O R D E R

The revision petitioner, who is the landlord has filed R.C.O.P.No.1053 of 2013 on the file of XVI Small Causes Court, Chennai for eviction of the respondent on the ground of willful default.

2. The revision petitioner also filed an application in M.P.No.101 of 2014 under Section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act to direct the respondent to pay the arrears of rent from January 2012 till the date of the said petition, at the rate of Rs.14,000/-. D.HARIPARANTHAMAN,J.,

svki

3. The aforesaid M.P.No.101 of 2014 in R.C.O.P.No.1053 of 2013 was allowed by the learned Rent Controller on 21.11.2014. Against the said order made in M.P.No.101 of 2014 in R.C.O.P.No.1053 of 2013, the respondent filed R.C.A.No.783 of 2014. The lower appellate Court, by a judgment dated 29.06.2015 allowed R.C.A.No.783 of 2014 and the present Civil Revision Petition is preferred against the aforesaid judgment.

4. The learned counsel for the petitioner has submitted that the petitioner would be satisfied if a direction is issued to the learned Rent Controller to dispose of R.C.O.P.No.1053 of 2013, within a stipulated period.

5. Taking into account the aforesaid submission, I am inclined to direct the learned Rent Controller to dispose of the R.C.O.P.No.1053 of 2013 on merits, within a period of six months from the date of receipt of a copy of this order.

6. The Civil Revision Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 13.10.2015 svki To 1.The VIII Judge, Court of Small Causes, Chennai 2.The XVI Judge, Court of Small Causes, Chennai C.R.P.(NPD)No.3759 of 2015