Madras High CourtCRP(MD)/1844/2011dismissed

Muthusamy v. Lakshmiammal

2019-08-27Honourable Mr Justice S.S. Sundar9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Seventh day of August, Two Thousand and Nineteen PRESENT The Hon'ble Mr.Justice S.S.SUNDAR MUTHUSAMY ... Petitioner/Respondent/Respondent-Tenant Vs

1. LAKSHMIAMMAL ... 1st Respondent/1st Appellant/Petitioner-Landlord

2. ANBUKARASI ... 2nd Respondent/2nd Appellant/ Proposed 2nd petitioner- Landlord Prayer :- This Civil Revision Petition filed under Section 25 of Tamil Nadu Buildings Lease and Rent Control Act (18/1960 as amended by Tamil Nadu Act 23/1973) to allow the Civil Revision Petition by setting aside the judgment and decree passed in R.C.A. No.31 of 1999 on the file of the Rent Control Appellate Authority (Principal Subordinate Court), Trichy dated 17.02.2011 modifying the judgment and decree passed in R.C.O.P. No.273 of 1986 on the file of the Rent Controller (Principal District Munsif Court), Trichirappalli dated 02.12.1998.

ORDER: This Civil Revision Petition coming on for orders on this day, upon perusing the Memorandum of grounds and the orders passed by the Lower Appellate Court and the court of First instance, and upon perusing the materials available to this case, and upon hearing the arguments of Ms.Juliet Latha, Advocate for the petitioner and of Mr.K.K.Senthil, Advocate for the second Respondent herein, this Court doth order and decree as follows:

1. That the judgment and decree dated 17.02.2011 made in R.C.A. No.31 of 1999 on the file of the Rent Control Appellate Authority (Principal Subordinate Judge), Trichy modifying the judgment and decree dated 02.12.1998 made in R.C.O.P. No.273 of 1986 on the file of the Rent Controller(Principal District Munsif) be and hereby is confirmed and the Civil Revision Petition is dismissed; 1/9

2. And that there be no costs in this Civil Revision Petition. SCHEDULE OF PROPERTY Tiruchy District, Tiruchy Taluk, Old T.S. No. 2514/2, New T.S. No.107, Old Block No.35, New Block No.9, Old Ward No.8, New Ward No.1, Door No.143/5 measuring 25 feet long and 10 feet broad. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To

1. The Rent Control Appellate Authority (Principal Sub. Judge) Tiruchirappalli.

2. The Rent Controller (Principal Dist. Munsif), Tiruchirappalli.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

+1CC to M/s.Juliet Latha, Advocate, Sr.No.83741. dks 2/9

ORDER DATED : 27/08/2019 ====================== DECREE ====================== CRP(MD). No.1844 of 2011 Dismissing the C.R.P.

preferred against judgment and decree dt.

17.2.2011 made in RCA. No.31/1999 on the file of the Rent Control Appellate Authority ( Principal Sub Court), Trichy against the Judgment and decree dt. 2.12.1998 made in RCOP No.273/1986 on the file of the Rent Controller (Principal Dist. Munsif Court), Trichy.

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Seventh day of August, Two Thousand and Nineteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CRP(MD). No.1845 of 2011 (NPD)

1. S.Mani

2. Meena ... Petitioners/Respondents 3 & 5/ Respondents 3 & 5-Tenants Vs

1. Lakshmiammal ... 1st Respondent/1st Appellant/Petitioner-Landlord

2. Anbukkarasi ... 2nd Respondent/2nd Appellant/ Proposed 2nd Petitioner- Landlord

3. Santhiyagu

4. Pattammal

5. Nirmala ... Respondents 3 to 5/Respondents 1, 2 & 4 / Respondents 1, 2 & 4 - Tenants Prayer :- This Civil Revision Petition filed under Section 25 of Tamil Nadu Buildings Lease and Rent Control Act (18/1960 as amended by Tamil Nadu Act 23/1973) to allow the Civil Revision Petition by setting aside the judgment and decree passed in R.C.A. No.47 of 1999 on the file of the Rent Control Appellate Authority (Principal Subordinate Court), Trichy dated 17.02.2011 modifying the judgment and decree passed in R.C.O.P. No.274 of 1986 on the file of the Rent Controller (Principal District Munsif Court), Trichirappalli dated 02.12.1998.

ORDER: This Civil Revision Petition coming on for orders on this day, upon perusing the Memorandum of grounds and the orders passed by the Lower Appellate Court and the court of First instance, and upon perusing the materials available to this case, and upon hearing the arguments of Ms.Juliet Latha, Advocate for the petitioners and of Mr.K.K.Senthil, Advocate for the second Respondent herein and the Respondents R3 and R4 not appearing either in person or through Advocate, this Court doth order and decree as follows: 4/9

1. That the judgment and decree dated 17.02.2011 made in R.C.A. No.47 of 1999 on the file of the Rent Control Appellate Authority (Principal Subordinate Judge), Trichy modifying the judgment and decree dated 02.12.1998 made in R.C.O.P. No.274 of 1986 on the file of the Rent Controller(Principal District Munsif) be and hereby is confirmed and the Civil Revision Petition is dimissed;

Sd/- Assistant Registrar (Cs-III) // True Copy // Sub Assistant Registrar(CS ) To

1. The Rent Control Appellate Authority (Principal Sub Judge) Tiruchirappalli.

2. The Rent Controller (Principal District Munsif), Tiruchirappalli.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

+1CC to M/s.Juliet Latha, Advocate, Sr.No.83741. dks 5/9

ORDER DATED : 27/08/2019 ====================== DECREE ====================== CRP(MD). No.1845 of 2011 Dismissing the C.R.P.

preferred against judgment and decree dt. 17.2.2011 made in RCA. No.47/1999 on the file of the Rent Control Appellate Authority( Principal Sub Court), Trichy against the Judgment and decree dt.

2.12.1998 made in RCOP.274/1986 on the file of the Rent Controller (Principal District Munsif Court), Trichy.

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1. Maria Udhayammal

2. Francis

3. David

4. Amulraj ... Petitioners/Respondents 2 to 5/ Respondents 2 to 5 - Tenants Vs

1. Lakshmiammal ...1st Respondent/1st Appellant/Petitioner-Landlord

2. Anbukkarasi ... 2nd Respondent/2nd Appellant/ Proposed 2nd Petitioner- Landlord Prayer :- This Civil Revision Petition filed under Section 25 of Tamil Nadu Buildings Lease and Rent Control Act (18/1960 as amended by Tamil Nadu Act 23/1973) to allow the Civil Revision Petition by setting aside the judgment and decree passed in R.C.A. No.48 of 1999 on the file of the Rent Control Appellate Authority (Principal Subordinate Court), Trichy dated 17.02.2011 modifying the judgment and decree passed in R.C.O.P. No.275 of 1986 on the file of the Rent Controller (Principal District Munsif Court), Trichirappalli dated 02.12.1998.

1. That the judgment and decree dated 17.02.2011 made in R.C.A. No.48 of 1999 on the file of the Rent Control Appellate Authority (Principal Subordinate Judge), Trichy modifying the judgment and 7/9

decree dated 02.12.1998 made in R.C.O.P. No.275 of 1986 on the file of the Rent Controller(Principal District Munsif) be and hereby is confirmed and the Civil Revision Petition is dismissed;

2. And that there be no costs in this Civil Revision Petition. SCHEDULE OF PROPERTY Tiruchy District, Tiruchy Taluk, Old T.S. No. 2514/2, New T.S. No.107, Old Block No.35, New Block No.9, Old Ward No.8, New Ward No.1, Door No.143/4 measuring 25 feet long and 10 feet broad. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) TO

1. The Rent Control Appellate Authority (Principal Sub. Judge) Tiruchirappalli.

2. The Rent Controller (Principal Dist. Munsif), Tiruchirappalli.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

+1CC to M/s.Juliet Latha, Advocate, Sr.No.83741. dks 8/9

ORDER DATED : 27/08/2019 ====================== DECREE ====================== CRP(MD). No.1846 of 2011 Dismissing the C.R.P.

preferred against judgment and decree dt.

17.2.2011 made in RCA. No.48/1999 on the file of the Rent Control Appellate Authority(Principal Sub Court), Trichy against the Judgment and decree dt.

2.12.1998 made in RCOP No.275/1986 on the file of the Rent Controller (Principal District Munsif Court), Trichy.

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