Madras High CourtCRP/3477/2014disposed of

Shihan A.M.Shajahan v. M.Jothiprakasam @ Leo Muthu - Died

2021-03-08Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN and MP.No.1 of 2014 Shihan A.M.Shajahan ..Petitioner Vs.

1.M.Jothiprakasam @ Leo Muthu(died) 2.Kalai Selvi 3.J.Sharmila 4.Sai Prakash Leo Muthu (R2 to 4 brought on record as LR's of the deceased sole respondent viz., M.Jothiprakasam @ Leo Muthu vide court order dated 05.11.2019 made in CMP.No.1299 of 2017 in CRP.No.

3477 of 2014) ..Respondents PRAYER:

The Civil Revision Petition is filed under Section 25 (1) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 against the order dated 14.07.2014 passed by the VIII Small Causes Court, Court Appellate Authority made in RCA.No.1204 of 2005 confirming the order dated 02.09.2005 passed by the XVI Small Causes Court, Chennai in RCOP.No.680 of 2004.

For Petitioner : Mr.R.Priyakumar For Respondents R1 : died(steps taken) R2 to 4 : Mr.P.Anand 1/4

for Mr.V.Balaji

ORDER

This civil revision petition is filed against the order dated 14.07.2014 passed by the VIII Small Causes Court, Chennai made in RCA.No.1204 of 2005 confirming the order dated 02.09.2005 passed by the XVI Small Causes Court, Chennai in RCOP.No.680 of 2004. 2.

It is seen that joint memo of compromise dated 27.02.2021 has been entered between the parties, the relevant portion of which is extracted hereunder:

a. The petitioner herein vacated from the petition building and premises bearing Room no.8 & 9, First Floor, situated at New No.41, Old No.8, Madeley Road, T.Nagar, Chennai 600 017 and handed over the vacant possession and key to the respondents. b. The respondents 2 to 4 permitted the petitioner to withdraw a sum of Rs.3,00,000/- (Rupees Three Lakhs only) from and out of the monthly rent deposited by him in the credit of RCOP.No.680 of 2004 on the file of XVI Small Court, Chennai 2/4

c. The respondents 2 to 4 entitle to withdraw the remaining monthly rental amount lying in the credit of RCOP.No.680 of 2004 on the file of XVI Small Court, Chennai.

3. The said joint memo is recorded, which shall form part and parcel of this order. As such this civil revision petition is disposed of. Consequently, connected miscellaneous petition is closed. No order as to costs.

08.03.2021 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok 3/4

G.K.ILANTHIRAIYAN,J.

lok To

1. The VIII Small Causes Court, Chennai 2.The XVI Small Causes Court, Chennai 08.03.2021 4/4