D.Mathew Samuel v. C.Dinesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2023

CORAM:

THE HONOURABLE Mrs.JUSTICE T.V.THAMILSELVI C.R.P.No. 3708 of 2023 and C.M.P.No. 23192 of 2023 D. Mathew Samuel .. Petitioner Vs C. Dinesh .. Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the order and decree dated 01.06.2023 in M.P.No.1 of 2022 in R.L.T.O.P.No.7 of 2021 on the file of Rent Controller, District Munsif at Sriperumbudur.

For Petitioner : Mr. C.V. Sridharan For Respondent : Mr. S. Ganesh 1/5

O R D E R

This Civil Revision Petition is filed challenging the impugned order passed in M.P.No.1 of 2022 in R.L.T.O.P.No.7 of 2021, the tenant has preferred this revision.

2. Before the RLTOP proceedings, the landlord filed an application under Section 25 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, to pay the arrears of rent of Rs.9 lakhs. That application was disputed by stating that inspite of opportunity, the tenant has not filed counter and he reamined ex parte. But the Rent Controller, partly allowed the petition directing the tenant to pay arrears of the amount of Rs.72,000/- (Rs.12,000/- per month for a period of 6 months) to the landlord. Further, he also directed to pay the further monthly rent of Rs.12,000/- regularly to the landlord.

3. Challenging the said finding, the revision petitioner / tenant has preferred this revision.

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4. Admittedly, he remained ex parte before the Court. The learned counsel for the respondent / landlord appears and submits that now, the opportunity was given to the tenant to cross examine P.W.1 and so far he has not complete the order of rent controller by paying the rent arrears.

5. The learned counsel appearing for the revision petitioner / tenant submits that till date he was not aware of who is the real landlord. So that he was not able to pay the rent. But he is ready to cooperate for the RLTOP proceedings.

6. Therefore, the revision petitioner is directed to appear before the RLTOP proceeding and cross examine P.W.1 and the Rent Controller, District Munsif at Sriperumbudur is directed to dispose of the RLTOP proceeding within two months from the date of receipt of copy of this order. 3/5

7. In the result, this Civil Revision Petition is disposed of. Consquently, connected miscellaneous petition is closed. 31.10.2023 Index :Yes/No AT To The Rent Controller, District Munsif, Sriperumbudur. 4/5

T.V.THAMILSELVI, J.

AT C.R.P.No. 3708 of 2023 and C.M.P.No. 23192 of 2023 31.10.2023 5/5