S.Venkatraghavan v. R.Sampath

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.(MD)No.736 of 2021 and C.M.P.(MD)No.6285, 9072 & 9073 of 2025 S.Venkatraghavan

...Petitioner

Vs.

1.R.Sampath 2.R.Anandanarayanan 3.Ramakrishnan

...Respondents

PRAYER: Civil Revision Petition is filed under Section 25 of Rent Controller Act, praying to set aside the fair and decreetal order dated 20.08.2020 made in R.C.A.No.10 of 2018 Rent Control Appellate Cum Principal Subordinate Judge, Kumbakonam, against R.C.O.P.No.21 of 2013 dated 25.10.2017, on the file of the Rent Controller cum District Munsif Court, Kumbakonam and allow the Civil Revision Petition.

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For Petitioner : Mr.V.Maharajan For Respondent No.3 : Mr.T.K.Gopalan

O R D E R

This petition has been filed seeking to set aside the fair and decreetal order dated 20.08.2020 made in R.C.A.No.10 of 2018, before the Rent Control Appellate Authority Cum Principal Subordinate Judge, Kumbakonam, against R.C.O.P.No.21 of 2013 dated 25.10.2017, on the file of the Rent Controller cum District Munsif Court, Kumbakonam.

2.Learned Counsel for the petitioner would submit that the petitioner is the second respondent in R.C.O.P.No.21 of 2013. The said RCOP was filed by the petitioner's paternal uncle namely Sampath, for eviction as against the third respondent tenant, on the ground of willful default and demolition and reconstruction. The said RCOP was allowed in favour of the petitioner's paternal uncle. However, the rent control authority made an observation that the petitioner is in possession of the subject property and further directed the petitioner to surrender possession. Aggrieved over the same, the petitioner preferred an appeal before the lower appellate Court in R.C.A.No.10 of 2018. The same was dismissed. Challenging the same, the present Civil Revision Petition has been filed.

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3.The learned Counsel for the petitioner would submit that he would be satisfied if this Court confirms the eviction order passed by the lower court and the lower appellate court, permitting the petitioner to get the share from his paternal uncle in the manner known to law.

4.Recording the same, this Civil Revision Petition is disposed of, by confirming the order passed by the courts below. However, liberty is granted to the petitioner to work out the remedy for his entitlement of the share including the rent deposited before the trial Court. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 15.07.2025 Internet:Yes/No Index:Yes/No MR 3/5

To 1.The Rent Control Appellate Authority Cum Principal Subordinate Judge, Kumbakonam.

2.The Rent Controller cum District Munsif Court, Kumbakonam.

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

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M.DHANDAPANI , J.

MR C.R.P.(MD)No.736 of 2021 15.07.2025 5/5