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Madras High CourtCMP(MD)/5215/2017stay vacated

K.Palanichamy v. K.Mohammed Nizar

2017-06-16Honourable Dr Justice G. Jayachandran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Sixteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CMP(MD) No.5215 of 2017 IN CRP(MD) No.2420 of 2016 K.PALANICHAMY ... PETITIONER/RESPONDENT/RESPONDENT Vs K.MOHAMMED NIZAR ... RESPONDENT/PETITIONER/PETITIONER Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to vacate the order of interim stay dated 29/11/2016 passed in CMP (MD).NO.11406 of 2016 in CRP(MD).NO.2420 of 2016, on the file of this Honourable court.

Prayer in CRP(MD). 2420/ 2016 :

To call for the records and set-aside the order 1.6.2015 passed by the Learned Appellate Authority cum Principal subordinate Judge Madurai in RCA 49 of 2014 confirming the order dt.21.7.2014 of the Rent Controller cum Additional District Munsif Madurai Town in RCOP No.123/2009.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.SUBBIAH, Senior Counsel for P.JESSI JEEVA PRIYA, Advocate for the petitioner and of respondent not appearing either in person or by an Advocate, the court made the following order:- The revision petition is directed against the concurrent findings of the Court of Rent Controller and Rent Control Appellate Authority, Madurai, in respect of fixation of fair rent for the demised premises. In the R.C.O.P.No.123 of 2009, taken out by the Land Lord, the Tribunal has fixed Rs.5,920/- as fair rent and the same has been confirmed by the learned Rent Control Appellate Authority in R.C.A.No.49 of 2014.

2.Pursuant to the concurrent findings of the Courts below, the tenant has preferred the present revision petition along with a stay petition in C.M.P(MD)No.11406 of 2016 wherein, this court has granted interim stay on 29.11.2016, on condition that the petitioner

shall deposit 50% of the rent arrears from the date of petition to till date within a period of four weeks from the date of receipt of a copy of this order and continue to pay a sum of Rs.5,000/- from the month of December, 2016 onwards, on or before 5th day of every succeeding English Calendar months, in default of payment, the stay granted by this Court shall stand automatically vacated. The landlord herein has filed a C.M.P (MD).No.5215 of 2017, seeking to vacate the stay granted by this Court on 29.11.2016 in C.M.P. (MD). No.11406 of 2016 in C.R.P(MD)No.2420 of 2016.

3. It is contended by the learned counsel for the petitioner/ landlord that the tenant has not complied with the condition imposed by this Court in letter and spirit. From the month of April, 2017, the tenant has not tendered the monthly rent as directed by this Court. Further, the landlord is also aggrieved by certain other incidental issues, namely, the petition for eviction in R.C.O.P No.125 of 2009 was allowed by the learned Rent Controller and confirmed by the Rent Control Appellate Authority on 01.06.2015, against which the tenant filed a revision petition before this Court, but he did not pursue it. Under such circumstances, the landlord has filed an Execution Petition in E.P.No.67 of 2016 for delivery of possession, which has been dragged and delayed by various tactics adopted by the tenant.

4. Now the grievance of the petitioner/Landlord is that when he went to the premises to take delivery of the demised premises, pursuant to the decree passed in R.C.O.P No.125 of 2009, which was filed by the Landlord for eviction under the pretext of stay granted by this Court in C.M.P (MD).No.11406 of 2016 in C.R.P.(MD).No.2420 of 2016, arising out of R.C.O.P. No.123 of 2009, filed for fixation of fair rent, the delivery is resisted. The Trial Court has directed the parties to clarify about the legal status and file a report to that effect by its order dated 14.06.2017. The daily status of the Eviction Petition proceedings was also furnished by the learned counsel for the petitioner/Landlord before this Court. 5.Heard the counsel for the revision petitioner. Though the matter was posted on 15.06.2017 and listed specifically today (16.06.

2017) at 2.15 pm., there is no representation for the respondent/tenant. In the said circumstances, it is necessary to clarify the legal position as sought for by the Execution Court in this matter. This Court has granted interim stay on condition in C.M.P (MD) No. 11406 of 2016 in C.R.P (MD) No.2420 of 2016, which arises out of the petition filed by the landlord for fixation of fair rent. It is also placed before this Court by the landlord that there is a default in complying the condition imposed by this Court. Hence, the interim stay granted by this Court in C.M.P (MD) No.11406 of 2016 in C.R.P (MD) No.2420 of 2016, dated 29.11.2016, is hereby vacated. Even otherwise the stay granted by this Court in the revision is only pertaining to recovery of arrears of rent till the disposal of the revision petition. The decree passed in R.C.O.

P No.125 of 2009, has reached its finality after the disposal of the R.C.A. No.50 of 2014 on 01.06.2015.

R.C.O.P No.125 of 2009 dated 21.07.2014 which is confirmed by the Rent Controller Appellate Tribunal in R.C.A No.50 of 2014 on 01.06.2015.

Post the revision petition in the regular course. sd/- 16/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE APPELLATE AUTHORITY CUM PRINCIPAL SUBORDINATE JUDGE, MADURAI.

2. THE RENT CONTROLLER CUM ADDITIONAL DISTRICT MUNSIF MADURAI TOWN.

+2. C.C. to M/S.P.JESSI JEEVA PRIYA Advocate SR.No.24536,24537

ORDER

IN CMP(MD) No.5215 of 2017 IN CRP(MD) No.2420 of 2016 Date :16/06/2017 MS/CM.MSA/SAR.4/19.06.2017/3p.5c