Madras High CourtCRP(MD)/914/2017dismissed

M.Balaguru v. Razia Banu

2018-08-01Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR C.R.P.(NPD)(MD)No. 914 of 2017 and C.M.P(MD).No.4014 of 2017 M.Balaguru ... Petitioner/Appellant/Respondent Vs.

Razia Banu ... Respondent/Respondent/Petitioner PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the petition and order dated 31.01.2017 passed in E.P.No.103 of 2009 in R.C.O.P.No.7 of 2002 on the file of the learned Rent Controller, Valangaiman cum Principal District Munsif Court, Kumbakonam and allow this petition. For Petitioner : Mr.G.Gomathi Sankar For Respondent : Mr.B.Jameel Arasu

ORDER

This Civil Revision Petition is directed against the order of delivery in E.P.No.103 of 2009 in R.C.O.P.No.7 of 2002 on the file of the learned Rent Controller, Valangaiman-cum-Principal District Munsif Court, Kumbakonam. The civil revision petitioner is the tenant who suffered an order of eviction passed by the Rent Controller in R.C.O.P.No.7 of 2002. The appeal preferred by the revision petitioner in C.R.P(MD).No.1058 of 2013 before this Court is dismissed by confirming the order of eviction. Except about pendency of the revision petition, no other ground is raised in the execution petition filed by the tenant. In such circumstances, this Court finds no merit in this Civil Revision Petition. It is only against the order directing delivery of the property.

Pursuant to the order of eviction, this Court granted stay and now the civil revision petition against the order of eviction is dismissed. There is no impediment for the landlady to take delivery, pursuant to the order directing delivery by the Lower Court. Hence, the Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/ Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar (CS-IV) To The Rent Controller, -cum-Principal District Munsif Court, Valangaiman at Kumbakonam.

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Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1cc to Mr.B.JAMEEL ARASU, Advocate, SR.No. 76419 C.R.P.(NPD)(MD)No. 914 of 2017 and C.M.P(MD).No.4014 of 2017 01.08.2018 RMK KK/RP/SAR-4/14.09.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/