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Madras High CourtREV.APPL/66/2001dismissed

Govt. Of Tn Rep By Secy. v. Mr.S.Joseph Geralad,

2017-09-19Honourable Ms.Justice V.M.Velumani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Review Application No.66 of 2001 in C.R.P.No.3954 of 1993 S.Ramakrishnan ..Review Petitioner Vs.

S.Duraiswamy .. Respondent PRAYER: Review Application filed under Order 47 Rule 1 Read with Section 114 C.P.C to review the order of this Court dated 31.03.1998, made in C.R.P.No.3954 of 1993 on the file of this Court.

For Petitioner : Mr.V.Lakshminarayanan For Respondent : Not ready in notice

ORDER

The review application is filed to review the order dated 31.03.1998, made in C.R.P.No.3954 of 1993 on the file of this Court.

2. The review applicant/landlord filed R.C.O.P.No.316 of 1989 against the respondent/tenant for eviction on the ground of

owner's occupation and wilful default. The learned Rent Controller ordered eviction on the ground of owner's occupation and rejected the contention of the landlord that tenant committed wilful default. The tenant filed R.C.A.No.92 of 1992 and the learned Appellate Authority dismissed the same, confirming the order of the Rent Controller. Against that, the respondent herein filed the C.R.P.No.3954 of 1993. This Court, by the order dated 31.03.1998, allowed the Civil Revision Petition, holding that the review applicant/landlord failed to prove that he is residing in a rented house and that petition premises cannot be put to residential purposes.

3. The present review application is filed by the landlord to reconsider the said order dated 31.03.1998 made in C.R.P.No.3954 of 1993.

4. The learned counsel appearing for the review applicant has raised the contentions on merits which he is not entitled to in a review petition. The review applicant is not entitled to reargue the matter on merits. He has also not pointed out any error warranting reconsideration of the order.

5. In the result, the Review Application is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 19.09.2017 Index: Yes/No gsa

V.M.VELUMANI, J.

gsa Review Application No.66 of 2001 in C.R.P.No.3954 of 1993 19.09.2017