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Madras High CourtCMP(MD)/1729/2019partly allowed

S.M.Vasanthal Aachi v. D.Danushkodi,

2019-04-12Honourable Mrs Justice S. Ramathilagam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI Friday, the Twelfth day of April Two Thousand Nineteen The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD). No.1729 of 2019 in CRP(MD).NO.616 of 2018 S.M.VASANTHAL AACHI W/O.LATE S.MUTHUKUMAR CHETTIAR 19 VARAGAPPA IYER LANE SOUTH MAIN ST THANJAVUR.

... Petitioner Vs D.DANUSHKODI, S/O.DURAISAMY 70 WEST AAVANI MOOLA VEEDI MADURAI-1.

... Respondent Prayer :- Petition is filed under section 151 of CPC, to direct the respondent to deposit the fair rent determined by the Commissioner/Engineer into court from the date of filing of fair rent petition in RCOP No.71 of 2011 on the file of the Additional Rent Controller (Additional District Munsif), Madurai Town amounting to Rs.1,13,52,500/- till date and thus render justice. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.V.K.VIJAYARAGHAVAN, Advocate for the Petitioner and of Thiru. P.THIAGARAJAN, Advocate for the respondent, this Court made the following order: This petition has been filed to direct the respondent to deposit the fair rent determined by the Commissioner/Engineer into the Court from the date of filing of fair rent petition in R.C.O.P.No.71 of 2011 on the file of the Additional Rent Controller (Additional District Munsif), Madurai, amounting to Rs.1,13,52,500/- till date.

2.Heard the learned counsel on either side.

3.Considering the facts and circumstances of the case, this Court directs the respondent to deposit 60% of the said amount to the credit of R.C.O.P.No.71 of 2011 on the file of the Additional Rent Controller (Additional District Munsif), Madurai, within a period of four weeks from the date of receipt of a copy of this order, failing which, the petitioners can seek remedy before the Rent Control Authority. The Additional Rent Controller (Additional District Munsif), Madurai, is directed to follow whether the said amount is deposited within the reasonable time and if the said https://hcservices.ecourts.gov.in/hcservices/

amount is not paid within a limited time, the Rent Control Authority is at liberty to proceed with the case as per law. 4.This Civil Miscellaneous Petition is allowed accordingly. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) TO The Additional Rent Controller (Additional District Munsif), Madurai ORDER DATED : 12/04/2019 ==========================

ORDER

========================== CMP(MD). No.1729 of 2019 Giving direction and etc.

as stated within.

KK/SAR/07.05.2019/ 2P- 2C https://hcservices.ecourts.gov.in/hcservices/