Madras High CourtCRP(MD)/1710/2016disposed of

M.Paulraj v. Y.Mustaffa Kamal,

2016-08-31Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P.(MD)No.1710 of 2016 M.PAULRAJ .. PETITIONER /PETITIONER/ RESPONDENT/LANDLORD Vs Y.MUSTAFFA KAMAL .. RESPONDENT/RESPONDENT/ APPELLANT/TENANT Prayer: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the Lower Court for expeditious disposal of I.A.No.107 of 2016 in R.C.A.No.45 of 2015 on the file of the learned Principal Subordinate Judge, Tiruchirappalli, within a time frame fixed by this Court.

For Petitioner : Mr.R.Subramanian

ORDER

This Revision is filed seeking for a direction to the learned Rent Control Appellate Authority(Principal Subordinate Court), Tiruchirappalli to dispose of the application in I.A.No.107 of 2016 in R.C.A.No.45 of 2015, within a time frame.

2. Heard the learned counsel appearing for the petitioner and perused the records.

3. Mr.R.Subramanian, learned counsel for the petitioner would submit that the petitioner, as landlord initiated eviction proceedings against the respondent on the ground of willful default and for own use in occupation. After trial, the learned Rent Controller ordered eviction. Challenging the order, the respondent has preferred the appeal in R.C.A.No.45 of 2015.

4. The learned counsel for the petitioner would further submit that since the respondent has failed to pay the rent regularly, the petitioner has filed the application in I.A.No.107 of 2016 in the appeal under Sections 11(1) and 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960. The application is being adjourned without any progress and the delay in disposal of the case causes prejudice to the interest of the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the submissions of the learned counsel for the petitioner and without going into the merits of the case, the learned Rent Control Appellate Authority,(Principal Subordinate Court), Tiruchirappalli is directed to dispose of the application in I.A.No.107 of 2016 in R.C.A.No.45 of 2015 as expeditiously as possible, preferably on or before 30.11.2016.

6. Accordingly, the Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS I) /True Copy/ Sub Assistant Registrar pmu To The Principal Subordinate Judge The Rent Control Appellate Authority, Tiruchirappalli.

+1 cc to Mr.R.Subramanian ,Advocate, Sr.No: 48811 JAM/SKS-RR/SAR III/19.09.16/ 2P-3C C.R.P.(MD)No.1710 of 2016 31.08.2016 https://hcservices.ecourts.gov.in/hcservices/