Madras High CourtCRP(MD)/2424/2016allowed

J.Natesan v. K.A.V.Ramki @ Rammohan,

2018-08-23Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRP (MD)No.2424 of 2016 (PD) and CMP(MD)No.11418 of 2016 J.Natesan ... Petitioner Vs.

K.A.V.Ramki @ Rammohan ... Respondent Prayer : This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 17.09.2016 passed in I.A No.22 of 2016 in RCOP No.44 of 2012 on the file of the Principal Rent Controller (Principal District Munsif), Madurai Town.

For Petitioner : Mr.M.Saravanan for Mr.R.Subramanian For Respondent : Mr.J.Lawrance

ORDER

The tenant is the revision petitioner. He filed IA No.22 of 2016 in RCOP No.44 of 2012 on the file of the learned Rent Controller/Principal District Munsif, Madurai Town for impounding a document. But then, he filed only a photo copy of the same. Therefore, the said I.A was dismissed. Questioning the dismissal order, this Civil Revision Petition has been filed. Before this Court, the original document itself has been filed. Therefore, the ground on which the dismissal order is resting no longer survives. 2.In this view of the matter, the order impugned in this Civil Revision Petition is set aside and the matter is remitted to the file of the learned Rent Controller to decide the issue afresh and in accordance with law. This Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 3.Registry is directed to return the lease agreement, that was filed along with memo dated 23.12.2016, in original. Sd/- Assistant Registrar(RTI) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-III)

To The Rent Controller/Principal District Munsif, Madurai Town.

Copy To:

1.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

2.The Section Officer, ER Section, Madurai Bench of Madras High Court,Madurai.

(To return the lease agreement as per court direction) +1CC to Mr.R.Subramanian, Advocate, SR.No.79908 +1CC to Mr.J.Lawrance, Advocate, SR.No.79870 CRP (MD)No.2424 of 2016 (PD) and CMP(MD)No.11418 of 2016 23.08.2018 SKM ES/SV/SAR 3/17.09.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/