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Madras High CourtCRP/3365/2023closed

Jata Shankar Mishra v. Champa Devi

2023-09-15Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2023 C O R A M THE HONOURABLE MRS.JUSTICE BHAVANI SUBBAROYAN C.R.P.No.3365 of 2023 and C.M.P.No.18040 of 2023 Jata Shankar Mishra Petitioner Vs.

Champa Devi Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the dismissal order passed in I.A.No.2 of 2023 in RLTA.No.169 of 2023 on the file of the XXIII Additional District Court at Chennai and allow this revision petition. For Petitioner : Mr.D.S.Ramesh For Respondent : Mr.R.Ravichandran Caveator for respondent 1/4

O R D E R

This Civil Revision Petition is filed to set aside the dismissal order passed in I.A.No.2 of 2023 in RLTA.No.169 of 2023 on the file of the XXIII Additional District Court at Chennai.

2. The case of the petitioner is that the Appellate Court has come to a conclusion that the petitioner has not paid the rent for the past 33 years and that there is no registered rental agreement between the petitioner and the respondent, while passing the eviction order.

3. Further the petitioner filed M.P.S.R.Nos.4002, 4003 of 2023 seeking permission to call the witnesses and take evidence and the docket order was passed by the trial Court. This was challenged by the petitioner in C.R.P.Nos.662 and 664 of 2023 and the same was dismissed by order dated 27.03.2023.

4. This Court is of the view that the petitioner has intended to squat upon the premises without paying the rent for the past 33 years. Hence, this Court is not inclined to say anything. The possession has been taken by the 2/4

owner and the tenant was removed from the possession of the premises. This Court is not inclined to pass any orders as already possession taken and the Civil Revision Petition is closed. Consequently, the connected civil miscellaneous petition is also closed. No costs. 15.09.2023 Index:Yes/No Internet:Yes/No Speaking Order/Non Speaking Order vca To The XXIII Additional District Court at Chennai. 3/4

V.BHAVANI SUBBAROYAN., J.

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