Madras High CourtCRP(MD)/2093/2016disposed of

S.V.Duraisamy, v. A.Yasmin

2016-10-18Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2016

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR C.R.P.(MD)No.2093 of 2016 S.V.Duraisamy .. Petitioner/Petitioner Vs.

A.Yasmin .. Respondent/ Respondent PRAYER: Petition is filed under Article 227 of Constitution of India, to direct the Principal Rent Controller (District Munsif), Madurai Town to dispose of the Eviction proceedings in R.C.O.P.No.144 of 2014 as expeditiously as possible fixing a time limit, allowing the Civil Revision petition.

For Petitioner : Mr. R.A.Mohanram ***

O R D E R

This Civil Revision petition has been filed by the petitioner to to direct the Principal Rent Controller (District Munsif), Madurai Town to dispose of the Eviction proceedings in R.C.O.P.No.144 of 2014 as expeditiously as possible fixing a time limit.

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

3. The Revision petitioner filed an Eviction petition against the respondent herein in R.C.O.P.No.144 of 2014 under Section 10

(2) I 10(2) VI and 10(3) of Tamil Nadu Building (Lease and Rent) Control Act 1960, on the ground of willful default. The respondent filed an application in I.A.No.231 of 2014 under Section 11(4) of Tamil Nadu Buildings (Lease and Rent Control) Act and the said application was disposed. Thereafter, P.W.1 was examined by filing proof affidavit and marked Ex.P.1 to Ex.P.10. At the request of the respondent, for cross-examination of P.W.1, the matter has been adjourned from time to time. Thereafter the said application was adjourned on 19.02.2016 and again adjourned on 08.03.2016. Hence, the present Civil Revision petition has been filed.

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4. Recording the said submissions of the petitioner that P.W.1 was examined by filing proof affidavit and marked Ex.P.1 to Ex.P.10 and the same was adjourned for cross examination of P.W.1 and that the petitioner being a senior citizen, it is just and necessary to direct the Principal Rent Controller(District Munsif), Madurai to dispose of the R.C.O.P.No.144 of 2014(Now pending before the District Munsif(Rent Controller), Madurai and accordingly, this Court is inclined to pass the following orders:- The Principal Rent Controller (District Munsif), Madurai is directed to dispose the R.C.O.P.No.144 of 2014 on merits and in accordance with law as expeditiously as possible.

5. With the above directions, the Civil Revision petition is disposed of. No costs.

Sd/ Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar To The Principal Rent Controller (District Munsif), Madurai. +1cc to M/s.R.A.Mohanram, Advocate, in SR No.61134. C.R.P.(MD)No.2093 of 2016 18.10.2016 pmu msm/ss3/09.11.16/p2/3c https://hcservices.ecourts.gov.in/hcservices/