Mr. I.Md. Fazallurehman v. The Periyar Maniammai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN CRP.PD.Nos.3970 to 3973 and 4007 of 2015 and M.P.Nos.1 to 1 of 2015 --- I.Md.Fazallurehman

...Petitioner/Defendant in CRP.3970/2015

B.Muthumani

...Petitioner/Defendant in CRP.3971/2015

N.Iqbal Ahamed

...Petitioner/Defendant in CRP.3972/2015

R.Srinivasalu

...Petitioner/Defendant in CRP.3973/2015

M.Mathiazhagan

...Petitioner/Defendant in CRP.4007/2015

/Vs/ The Periyar Maniammai Institute of Science & Technology Rep by its President, Mr.K.Veeramani, Periyar Thidal No.50, E.V.K.Sampath Road, Vepery, Chennai - 600 007.

...Respondent/Respondent/

Plaintiff in all petitions Civil Revision Petitions filed under Article 227 of the Constitution of India to set aside the Judgement and Decree dated 15.06.2015, passed by the Learned XVI Assistant Judge, City Civil Court at Chennai in I.A.No.14956 of 2014 in O.S.No.4406 of 2011, I.A.No.14957 of 2014 in O.S.No.4407 of 2011, I.A.No.14958 of 2014 in O.S.No.4408 of 2011, I.A.No.17058 of 2014 in O.S.No.4409 of 2011 and I.A.No.14955 of 2014 in O.S.No.4403 of 2011 and allow the applications. For petitioners in all CRPs. : Mr.T.Velumani C O M M O N O R D E R These Revision Petitions are filed to set aside the Judgement and Decree dated 15.06.2015, passed by the Learned XVI Assistant Judge, City Civil Court at Chennai in I.A.No.14956 of 2014 in O.S.No.4406 of 2011, I.A.No.14957 of 2014 in O.S.No.4407 https://hcservices.ecourts.gov.in/hcservices/

of 2011, I.A.No.14958 of 2014 in O.S.No.4408 of 2011, I.A.No.17058 of 2014 in O.S.No.4409 of 2011 and I.A.No.14955 of 2014 in O.S.No.4403 of 2011.

2.

Heard the learned Counsel for the Revision Petitioners. 3.

The learned counsel for the revision petitioner in each petition, who is the defendant in the respective suits states that the suits are not maintainable and the respondent/plaintiff should have approached the Rent Control Court for eviction instead of filing the suits to vacate and hand over vacant possession of the premises. The learned counsel for the revision petitioner has asserted that the respondent is not the public charitable trust and the same is the private trust and hence, the Rent Control Act is applicable. 4.

Taking into account the fact that in all the cases, the evidence of the plaintiff is already over, the Civil Revision Petitions are disposed of directing the learned learned XVI Assistant Judge, City Civil Court, Chennai to dispose of the suits in O.S.No.4406, 4407, 4408, 4409 and 4403 of 2011, pending on his file, within a period of six months from the date of receipt of a copy of this Order. Consequently, connected Miscellaneous Petitions are closed. No costs. sd/ ASSISTANT REGISTRAR(CS-IV) /TRUE COPY/ SUB-ASSISTANT REGISTRAR mra To The XVI Assistant Judge, City Civil Court, Chennai. +1 CC to MR.T.Velumani ADVOCATE. SR.NO. 55651 CRP.PD.Nos.3970 to 3973 and 4007 of 2015 and M.P.Nos.1 to 1 of 2015 CO-PVR JD 27/10/2015 https://hcservices.ecourts.gov.in/hcservices/