Madras High CourtCRL OP(MD)/191/2018dismissed

Naganath Rajaram Patele v. The Sub Inspector Of Police

2018-01-10Honourable Mr Justice R. Pongiappan2 pages

Rev.Aplc.(MD)No.191 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2019

CORAM:

THE HONOURABLE Mr.JUSTICE KRISHNAN RAMASAMY Rev.Aplc.(MD)No.191 of 2018 P.Ramesh @ Manickam ... Petitioner Vs.

M.Ramalingam ... Respondent Prayer: The Petition filed under Order 47 Rule 1 r/w 114 of C.P.C., to review the order dated 05.06.2018 made in C.R.P.(NPD)(MD)No.276 of 2016.

For Petitioner : Mr.P.Thiyagarajan For Respondent : Mr.T.R.Subramanian

ORDER

This Review Petition is filed to review the order dated 05.06.2018 made in C.R.P.(NPD)(MD)No.276 of 2016. 2.The present review petition is filed seeking clarification in paragraph No.5 of the order dated 05.06.2018 passed in the Civil Revision petition. The said paragraph reads as follows: "5. ........ ...... It is stated by the Landlord that despite depositing Rs.2,00,000/- before the Court as ordered in O.S.No.56 of 2010, the Tenant had not vacated the premises even after expiry of three years, thereby deprived his livelihood."

3.The learned counsel appearing for the review petitioner would submit that this Court in the above said paragraph No.5 has observed as if, Rs.2,00,000/- was deposited before the Court as per order made in O.S.No.56 of 2010, whereas, the fact remains that the said amount of Rs.2,00,000/- was deposited by the defendant / landlord on his own.

4.The learned counsel appearing for the respondent has also confirmed the said submission made by the learned counsel appearing for the review petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 5.Heard the learned counsel appearing for the review 1/2

Rev.Aplc.(MD)No.191 of 2018 petitioner and the learned counsel appearing for the respondent. 6.In view of the submissions made on either side, paragraph No.5 of the order dated 05.06.2018 in C.R.P.(NPD)(MD)No.276 of 2016 reads as under:

"5. ................... It is stated by the Landlord that despite depositing Rs.2,00,000/- before the Court on his own in O.S.No.56 of 2010, the Tenant had not vacated the premises even after expiry of three years, thereby deprived his livelihood."

In respect of the other observations made in the order dated 05.06.2018 in C.R.P.(NPD)(MD)No.276 of 2016 stand unaltered. 7.The Review Petition is ordered accordingly. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To

1. The Rent Control Appellate Authority, Theni.

2. The Rent Control Authority, Theni.

3.The Section Officer, VR Section, (2 Copies) Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.R. SUBRAMANIAN, Advocate ( SR-87773[F] dated 19/09/2019 ) +1 CC to M/s.P.THIAGARAJAN, Advocate ( SR-87876[F] dated 19/09/2019 ) Rev.Aplc.(MD)No.191 of 2018 19.09.2019 nbj JMN(23.09.2019) 2P : 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2