C.H. Vijayaraju v. D. Usha Rani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA and C.M.P.No.17723 of 2024 C.H.Vijayaraju ... Petitioner Vs D.Usha Rani ... Respondent PRAYER : Civil Revision Petition filed under Section 25 of Tamil Nadu Buildings (Lease and Rent Control) Act, pleased to set aside the fair and decreetal order dated 16.04.2024 passed in RCA No.62 of 2023 on the file of the learned Rent Control Appellate Authority/VII Judge, Small Causes Court at Chennai, modifying the fair and decreetal order dated 13.02.2023 in RCOP.No.101 of 2018 on the file of the learned Rent Controller, XI Judge, Small Causes Court, Chennai. For Petitioner :
Mr.K.Sridhar For Respondent :
Mr.N.Rajkumar 1 / 8
O R D E R
This Civil Revision Petition has been filed against the order dated 16.04.2024 passed by the VII Court of Small Causes, Chennai, in RCA No.62 of 2023, modifying the order passed by the XI Court of Small Causes, Chennai in RCOP.No.101 of 2018 dated 13.02.2023.
2. The revision petitioner is the tenant and the respondent is the landlord. The learned XI Judge, Court of Small Causes, Chennai, by an order dated 13.02.2023 in RCOP.No.101 of 2018, had fixed the fair rent for the premises at the rate of Rs.15,418/- per month. Aggrieved over the same, the petitioner/tenant had filed an appeal in RCA No.62 of 2023 before the VII Court of Small Causes, Chennai and the learned Appellate Judge, by an order dated 16.04.2024, has partly allowed the appeal and modified the order passed by the learned Rent Controller, by fixing the fair rent at the rate of Rs.12,364/- per month. Against which, the present revision petition has been filed.
3. Pending the revision petition, the parties have arrived at a settlement and 2 / 8
also agreed to enter into a fresh Rental Agreement, pursuant to which, the parties have also entered into a Joint Memo of Compromise dated 02.04.2025. The Joint Memo of Compromise filed by the parties is read as under:- 3 / 8
4 / 8
4. Learned counsel appearing for both sides submitted that both the parties 5 / 8
undertake to abide by the terms entered into in the Joint Memo of Compromise filed by them and executed a fresh agreement fixing a monthly rent of Rs.11,000/- and their lease period commence from 01.05.2025 to 30.04.2028. Thereby, they prayed that the revision may be disposed based on the Joint Memo of Compromise.
5. Having heard the learned counsel appearing for both sides and perused the materials available on record including the new rental agreement dated 02.04.2025, taking into consideration the Joint Memo of Compromise dated 02.04.2025 filed by both the parties and recording the submissions made by the learned counsels on both sides, this Civil Revision Petition shall stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs.
6. The Joint Memo of Compromise dated 02.04.2025 filed by the parties shall form part of the Court records.
02.04.2025 Index:Yes/No 6 / 8
Speaking/Non-speaking order Internet:Yes ham To
1. The Rent Control Appellate Authority/VII Judge, Small Causes Court, Chennai.
2. The Rent Controller, XI Judge, Small Causes Court, Chennai. 7 / 8
A.D.JAGADISH CHANDIRA, J.
and C.M.P.No.17723 of 2024 02.04.2025 2/2 8 / 8