Madras High CourtCRP(MD)/726/2015allowed

A.Jawaharlal, v. R.Backialakshmi,

2018-10-24Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Twenty Fourth day of October Two Thousand and Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRP(MD)(NPD) No.726 of 2015 A.JAWAHARLAL ... PETITIONER / APPELLANT/PETITIONER/LAND LORD Vs R.BACKIALAKSHMI ... RESPONDENT/ RESPONDENT/RESPONDENT/ TENANT This Civil revision petition is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 18/1960 as amended by Act 23/1973, to set aside the fair and decreetal order passed in R.C.A.No.50 of 2012 on the file of the learned Rent Control Appellate Authority (Principal Subordinate Judge), Madurai dated 19.12.2014 confirming the Fair and decreetal order passed in R.C.O.P.No.272 of 2008 on the file of the learned Rent Controller (Principal District Munsif Court, Madurai dated 10.07.2012). DECREE:

This Civil Revision petition coming on for hearing on Friday the Fourteenth day of September Two Thousand and Eighteen, upon perusing the Petition, and the record in the case and upon hearing the arguments of Mr.Ananth C.Rajesh, Advocate for the petitioner herein, and Mr.K.P.Krishna doss, for Mr.C.Kalaiarasu Advocate for Respondent herein and having stood over for consideration till this day , this court while allowing the Civil Revision Petition, doth order and decree as follows:- (i)That the Judgment and decree passed in R.C.A.No.50 of 2012 on the file of the learned Rent Appellate Authority(Principal Subordinate Judge), Madurai dated 19.12.2014 be and hereby are set aside. (ii)That the respondent be and hereby directed to evict the permises and to hand over key to the petitioner, within a period of one month from the date of receipt this order.

(iii)That the petitioner be and hereby is directed to deposit the advance amount after deducting the arrears of the rent within a period of one month before the Rent Controller and on such deposit, the respondent is entitled to receive the balance of the advance amount.

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(iv)That there be and hereby no order as to costs in this Civil Revision Petition.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Principal Subordinate Judge, Rent Control Appellate Authority , Madurai.

2.The Principal District Munsif , Rent Controller Madurai. Copy To:

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1 cc to Mr.ANANTH C.RAJESH, ADVOCATE IN SR.NO.91678. ORDER DATED:24/10/2018 DECREE CRP(MD) No.726 of 2015 Allowing the Civil Revision Petition preferred against the fair and decreetal order passed in RCA.No.50/2012 on the file of the learned Rent control Appellate Authority(Principal Subordinate Judge), Madurai dated 19.12.2014 and etc., as stated within.

MRN DS SV SAR1 28 11 2018 5P 6C https://hcservices.ecourts.gov.in/hcservices/