K.R.Selvaraj Kumar v. Hussainy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.17875 of 2022 K.R.Selvaraj Kumar ... Petitioner vs Hussainy ... Respondent Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to pass an order to set aside the docketed order made in M.P.No.1 of 2022 in R.L.T.O.P.No.367 of 2022 dated 10.06.2022 on the file of the X Small Causes Court, Chennai.

For Petitioner : Mr.A.Kalaiselvan For Respondent : Mr.V.Kannadasan

ORDER

Aggrieved by an order passed by the Court below recognising the Power Agent to conduct the case on behalf of the respondent/landlord, the petitioner has come up by way of this revision.

2. The respondent herein filed a petition seeking re-possession of the 1/4

demised premises under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 on the ground of wilful default in payment of rent. The respondent is represented by his General Power of Attorney. The respondent filed M.P.No.1 of 2022 to recognise the Power Agent viz., A.Kadar as General Power of Attorney of the respondent/landlord. The said petition was allowed by the Court below on 10.06.2022. The revision petitioner/respondent in main original petition aggrieved by the said order has come by way of this civil revision petition.

3. The impugned order was passed by the Court below even before numbering of RLTOP and now, the petition for repossession filed by the respondent was numbered as R.L.T.O.P.No.367 of 2022 and notice has been served on the revision petitioner herein. The revision petitioner on entering appearance in main original petition is entitled to file appropriate application for recalling the order recognizing the Power Agent to conduct the case on behalf of the respondent, if so adviced.

4. Instead of adopting such course, it is not open to the revision 2/4

petitioner to rush to this Court by way of revision under Article 227 of the Constitution of India.

5. Therefore, the Civil Revision Petition is not maintainable and consequently, the same is dismissed. However, petitioner is granted liberty to file appropriate petition before the Rent Court seeking recall of the order dated 10.06.2022 made in M.P.No.1 of 2022 in R.L.T.O.P.SR.No.2199 of 2022, if so adviced. If any such application is filed by the revision petitioner, the same shall be considered and disposed of in accordance with law. No costs. Consequently, the connected civil miscellaneous petition is closed. 08.11.2022 Index : Yes / No Speaking Order : Yes / No dm To The X Small Causes Court, Chennai.

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S.SOUNTHAR, J.

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