Sundar v. Jeyaseeli

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2024 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN CRP(MD).No. 735 of 2024 and CMP(MD).No.3878 of 2024 Sundar ... Petitioner Vs.

Jeyaseeli ... Respondent PRAYER:- Petition filed under Article 227 of the Constitution of India against the order, dated 15.12.2023 made in I.A.No.1 of 2023 in RLTOP.No.31 of 2022 on the file of the Principal District Munsif Court (FAC), Nagercoil, Kanniyakumari District.

For Petitioners : Mr.C. Rathinavel Pandian

O R D E R

This Civil Revision Petition has been filed against the fair and decreetal order, dated 15.12.2023 made in I.A.No.1 of 2023 in 1/5

RLTOP.No.31 of 2022 on the file of the Principal District Munsif Court (FAC), Nagercoil, Kanniyakumari District.

2. The said RLTOP.No.31 of 2022 was filed by the respondent herein under Sections 21(2)(b) and 2(2)(g) of Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, seeking order of eviction. In the said petition, the name of the revision petitioner is shown as Sundar, S/o. Selvam. During the course of enquiry, the respondent herein has filed an application in I.A.No.1 of 2023 seeking to amend the name of the petitioner as C.Sundar Raj, S/o.Selvam and that was allowed, against which, this revision is preferred.

3. The simple issue involved in this petition is with regard to the name of the petitioner. There is no issue with regard to the identity of the parties. The said petition was resisted by the revision petitioner herein stating that he was not a tenant under the respondent which is also disputed. Based on the said agreement, the respondent has given the property. So it is seen that the revision petitioner has not challenged that 2/5

he is not in occupation of the building, so there is no issue with regard to the identification. The name has been wrongly mentioned in the cause title. The revision petitioner appeared before the concerned Advocate and signed in the vakalat as C.Sundar raj. So, the petition was rightly allowed by the trial Court. Hence, I do not find absolutely any reason to entertain this petition.

4. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 25.03.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp To The Principal District Munsif Court (FAC), Nagercoil, Kanniyakumari District.

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G.ILANGOVAN,J.

Trp CRP(MD).No. 735 of 2024 and CMP(MD).No.3878 of 2024 4/5

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