P.Suseela v. K.S.Parithi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2016
CORAM
THE HONOURABLE MS.JUSTICE R.MALA CRP (PD).No.176 of 2016 and C.M.P.No.912 of 2016 P.Suseela .. Petitioner Vs K.S.Parithi .. Respondent Prayer:Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 14.09.2015 made in M.P.NO.66 of 2013 in R.C.O.P.No.3 of 2012 on the file of the Principal District Munsif, Kancheepuram (Rent Controller).
For Petitioner : Mr.A.Sumathy For Respondent : Mr.B.Muthukumar for Mr.R.Ganesh Babu
O R D E R
The Civil Revision Petition is filed against the order dated 14.09.2015 made in M.P.NO.66 of 2013 in R.C.O.P.No.3 of 2012 on the file of the Principal District Munsif, Kancheepuram (Rent Controller).
2.The respondent/landlord filed a petition in R.C.O.P.No.3 of 2012 for eviction on the ground of personal occupation, wherein the address has been mentioned as Old No.495, New No.160, Gandhi Road, Kancheepuram. During the pendency, the respondent/landlord filed a petition in M.P.No.66 of 2013 for amendment of Door No.496 instead of Door No.495 and to prove the same he has filed so many documents. After hearing both sides, the said petition was allowed. Against which, the present Civil Revision Petition has been filed. 3.Learned counsel for the petitioner submitted that Door No.495 is owned by Kumara Kottam Arulmigu Subramaniyar Thirukovil and so, the respondent/landlord is not a owner of Door No.495. He further submitted that he has filed Exs.R1 to R6 to prove that he is in occupation of Door No.495 which is belonging to the temple.
Furthermore, he would submit that the respondent/landlord has sold the property to a third party and the respondent/landlord has no right over the property as on today. That factum was not considered by the Trial Court. Hence, he prayed for setting aside the impugned order passed by the Trial Court.
4.Resisting the same, the learned counsel for the respondent submitted that the respondent as a landlord has filed a petition for eviction on the
ground of personal occupation and at that time, door number has been mentioned as 495 instead of 496. He further submitted that he has also filed Exs.P1 to P9, wherein in Ex.P6, namely, the rental agreement between the landlord and the tenant, the door number has been mentioned as Old No.496 New No.160. That factum was rightly considered by the Trial Court. Hence, he prayed for dismissal of the revision petition. 5.Considered the rival submissions made by both sides and perused the typed set of papers.
6.It is an admitted fact that the respondent/landlord filed a petition for eviction on the ground of personal occupation where the address has been mentioned as Old No.495 New No.160, but, whereas actual address is Door No.496. As per the document filed by the tenant, Door No.495 belongs to Kumara Kottam Arulmigu Subramaniyar Thirukovil. Further, the document filed by the petitioner, that too, the rental agreement, Ex.P6 has clearly proved that the is entitled to rent only in respect of Old No.496 New No.160 and there is also no evidence to show that the respondent has sold the property. So, the Trial Court has rightly considered all the aspects in proper perspective that it is only a typographical error and allowed the petition. Hence, I do not find any reason to interfere with the order passed by the Trial
Court and the same is hereby confirmed. Consequently, the Civil Revision Petition is hereby dismissed as devoid of merits. 7.In the result, the Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 8.At this juncture, the learned counsel for the respondent sought for early disposal of the petition in R.C.O.P.No.3 of 2012. Considering the request made by the learned counsel for the respondent, the learned Principal District Munsif (Rent Controller), Kancheepuram is directed to dispose of R.C.O.P.No.3 of 2012 within three months from the date of receipt of a copy of this order. 29.01.2016 Index: Yes/No Internet: Yes/No cse To The Principal District Munsif (Rent Controller), Kancheepuram
R.MALA. J., cse CRP(PD).No.176 of 2016 and C.M.P.No.912 of 2016 29.01.2016