Madras High CourtCRP/3581/2019dismissed as infructuous

R.Chandrashekar v. A.N.Muthukaruppan

2022-02-28Honourable Mr Justice N. Seshasayee2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2022

CORAM:

THE HON'BLE Mr. JUSTICE N.SESHASAYEE CRP.No.3581 of 2019 & CMP.No.4778 of 2021 & CMP.No.23455 of 2019 Mr.R.Chandrashekar ... petitioner/Appellant

Versus

Mr.A.N.Muthukaruppan, Power of Attorney Agent of Mr.P.R.Narayanan.

... Respondent/Respondent PRAYER: The Civil Revision Petition is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 of the Constitution of India, to set aside the fair and decreetal order dated 01.10.2019 passed in M.P.No.38 of 2019 in R.C.A.No.32 of 2019 on the file of VII Court of Small Causes at Chennai against M.P.No.466 of 2018 in RCOP.No.682 of 2018 on the file of XI Judge, Court of Small Causes, Chennai. For Petitioner :

Mr.A.Muthukumar for Mr.K.R.Ramesh Kumar For Respondent :

Mr.S.Lakshmanasamy for Mr.Krishnasamy

O R D E R

This Civil Revision Petition is preferred against the order dated 01.10.2019 passed in M.P.No.38 of 2019 in RCA.No.32 of 2019 on the file of the VII Court of Small Causes, Chennai. 2.The respondent herein has filed RCOP.No.682 of 2018 before the XI Judge, Court of Small Causes, Chennai for eviction on the ground of wilful default in the matter of payment of rent under Section 10(2) of the Tamil Nadu Buildings (Lease and Rent https://hcservices.ecourts.gov.in/hcservices/

Control) Act, 1960. In the said RCOP, he had filed an Application under Section 11 for deposit of arrears of rent, which came to be ordered by the Tribunal. Challenging the same, the tenant preferred RCA.No.32 of 2019. In the said RCA, M.P.No.38 of 2019 was preferred for an order of stay of proceedings before the Tribunal. That order came to be dismissed Vide the order impugned in this Revision. This Revision, as indicated earlier is directed against the same. 3.The learned counsel for the respondent submitted, in the meantime, for default in payment of arrears of rent, RCA.No.32 of 2019 itself came to be ordered under Section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. 4.The learned counsel for the Revision Petitioner submitted in the circumstances, the Civil Revision Petition has become infructuous.

5.In the result, the Civil Revision Petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Tsg To

1. The VII Judge, Court of Small Causes, Chennai.

2. The XI Judge, Court of Small Causes, Chennai.

3. The Section Officer, VR Section, High Court, Madras.

CRP.No.3581 of 2019 KK(CO) SU(10/03/2022) https://hcservices.ecourts.gov.in/hcservices/