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Madras High CourtCRP(MD)/1158/2014allowed

Shanmugam v. Navaneethakrishnan

2023-02-03Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR CRP(MD).No.1158 of 2014(NPD) and M.P(MD).No.1 of 2014 Shanmugam ... Petitioner/Respondent/Respondent Vs.

1.Navaneethakrishnan ... Respondent/Appellant/Petitioner 2.A.Sulaika Begam 3.A.Amzath Khan 4.S.Dhaslima Nasrin ... Respondents 2 to 4 (R2 to R4 are impleaded vide Court order dated 03.02.2023 made in C.M.P(MD).No.4026 of 2019) PRAYER : Revision Petition filed under Article 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, to set aside the judgment and decree dated 28.02.2014 made in RCA.NO.5 of 2013 on the file of the Subordinate Court (Rent Control Appellate Authority), Pudukkottai, reversing the judgment and decree dated 11.09.2012 made in RCOP.NO. 14 of 2007 on the file of the Principal District Munsif (Rent Controller), Pudukkottai.

For Petitioner : Mr.G.Sridharan For Respondents : Mr.Mohamed Ibrahim Saibu for M/s.Ajmal Associates (for R2 to R4) No appearance (for R1) 1/4

ORDER

The learned counsel for the impleaded respondents, who are the subsequent purchasers of the property, on instructions, submit that his clients would like to initiate fresh Rent Control proceedings as against the tenant for commission of wilful default and one other grounds for the period after the purchase of the property.

2. In view of the submission made by the learned counsel for the subsequent purchasers, the revision filed by the tenant stands allowed and RCOP.No.14 of 2007 on the file of the Principal District Munsif (Rent Controller) Court, Pudukkottai stands dismissed. However, the subsequent purchasers are at liberty to initiate fresh proceedings under the Rent Control Act on any one of the grounds under the new Act.

3. With the aforesaid observation, the Civil Revision Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

03.02.2023 NCC : Yes /No Index : Yes / No Rmk 2/4

To 1.The Subordinate Judge, (Rent Control Appellate Authority), Pudukkottai. 2.The Principal District Munsif (Rent Controller), Pudukkottai. 3/4

R.

VIJAYAKUMAR ,J., Rmk Order made in CRP(MD).No.1158 of 2014 Dated:

03.02.2023 4/4