Madras High CourtCRP(MD)/1406/2018disposed of

Kumaravel Chettiar (Died) v. P.R.Perumal

2018-08-20Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2018 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.R.P.(MD)No.1406 of 2018 and C.M.P.(MD).No.6057 of 2018 1.Kumaravel Chettiar (Died) 2.Vasuki 3.Kavitha 4.Sundari 5.Arun ... Petitioners/Appellants/Respondents Vs.

P.R.Perumal ... Respondent/Respondent/Petitioner Prayer: Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, as against the judgment and decree dated 30.08.2017 passed in R.C.A.No.1 of 2012 on the file of the Rent Control Appellate Authority / Sub Court, Pattukkottai confirming the judgment and decree dated 18.11.2011 passed in R.C.O.P.No.3 of 2010 on the file of the District Munsif Court, Pattukkottai.

For Petitioners : Mr.P.Thirumahilmaran For Respondent : Mr.M.R.Sreenivasan

ORDER

This civil revision petition has been filed as against the judgment and decree dated 30.08.2017 passed in R.C.A.No.1 of 2012 on the file of the Rent Control Appellate Authority / Sub Court, Pattukkottai, by confirming the judgment and decree, dated 18.11.2011 passed in R.C.O.P.No.3 of 2010 on the file of the District Munsif Court, Pattukkottai.

https://hcservices.ecourts.gov.in/hcservices/ 2.The appellants have filed an application in R.C.O.P.No.3 of 2010 under Section 8(5) of the Rent Control Act, before the

District Munsif Court, Pattukkottai, for depositing the arrears of rent and the same was dismissed. Against which, the appellants have filed an appeal before the Rent Control Appellate Authority / Sub Court, Pattukkottai. The appellate authority has also confirmed the order passed by the District Munsif, Pattukkottai. Aggrieved over the same, the present civil revision petition has been filed.

3.I do not find any merits in this revision, as the mandatory requirements under Section 8 of the Tamil Nadu Buildings (Lease and Rent Control) Act, has not been complied with before exercising such power to deposit the rent. The connected civil revision petition in C.R.P.(MD).No.1407 of 2018 filed as against the eviction, has also been disposed of by this Court on 20.08.2018.

3.In view of the above, this civil revision petition is dismissed. No costs. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The Rent Control Appellate Authority / Sub Judge, Pattukkottai.

2. The District Munsif, Pattukkottai.

3. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) + 1 CC TO MR.R.NANDAKUMAR, ADVOCATE IN SR NO. 79383 NS BU/JM/SV/SAR-II : 25.09.2018 : 2P/6C Judgment made in C.R.P.(MD).No.1406 of 2018 20.08.2018 https://hcservices.ecourts.gov.in/hcservices/