Madras High CourtCRP(MD)/2456/2018dismissed

P.Shajahan, S/O. Pakkeer Khan, v. A.Victor Mature (Died), S/O. Albert

2021-09-08Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Eighth day of September Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CRP(MD). No.2456 of 2018 P.SHAJAHAN, ... Petitioner/Appellant/Respondent Vs 1)A.VICTOR MATURE (DIED), 2)M.MARIA ROACH JAYABAI, 3)V.ASWIN EUPSIO, 4)V.NIJAN REXIO, ... Respondents/Respondents/Petitioners (Respondents 2 to 4 are brought on record as legal heirs of deceased sole respondent vide Court order dated 10.02.2020 made in C.M.P.(MD)No.11390 of 2019 in C.R.P.(MD)No.2456 of 2018 by RTJ) Prayer :- The Civil Revision Petition has been filed under Section 25 of Tamil Nadu Buildings (Lease and Rent Control) Act,1960 as amended by Act 1 by 1980, to set aside the fair and executable order dated 29.08.2018 passed in R.C.A.No.

21 of 2017 on the file of the Principal Subordinate Court cum Rent Control Appellate Authority, Nagercoil confirming the fair and executable order dated 05.04.2017 passed in R.C.O.P.No.4 of 2010 on the file of the First Additional District Munsif Court cum Rent Controller, Nagercoil. DECREE : This Civil Revision Petition coming on Thursday, the Seventeenth day of August Two Thousand Twenty One and upon perusing the Grounds of Petition, the Judgments and Decree of the Rent Control Appellate Authority and of the Rent Controller and the material papers in the Appeal, and upon hearing the arguments of Mr.J.Bharadhan, Advocate for the Appellants and of Mr.D.Nallathambi, for Mr.R.

1) That the fair and decreetal order passed in R.C.A.No.21 of 2017 dated 29.08.2018 on the file of the Principal Subordinate Court cum Rent Control Appellate Authority, Nagercoil confirming the fair and executable order dated 05.04.2017 passed in R.C.O.P.No.4 of 2010 on the file of the First Additional District https://hcservices.ecourts.gov.in/hcservices/ 1/2

Munsif Court cum Rent Controller, Nagercoil be and hereby is confirmed and the Civil Revision Petition is dismissed; and 2) That the Appellant be and hereby is directed to vacate the premises within a period of two months from the date of receipt of copy of this order;

3) that there be no order as to costs in this Civil Revision Petition.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO

1) The Principal Subordinate Court cum Rent Control Appellate Authority, Nagercoil.

2) The First Additional District Munsif Court cum Rent Controller, Nagercoil.

Copy to:

The Record Keeper,(2C) V.R. Section, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.R.MURUGAN, Advocate ( SR-28482 dated 08/09/2021 ) +1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-28644 dated 09/09/2021 ) ORDER DATED : 08/09/2021 ========================== DECREE ========================== CRP(MD). No.2456 of 2018 Dismissing the CRP(MD). No.2456 of 2018 preferred against judgment and decree passed by the Principal Subordinate Court cum Rent Control Appellate Authority, Nagercoil passed in RCA.No.21 of 2017 dated 29/08/2018 confirming the fair and executable order dated 05.04.2017 passed in R.C.O.P.No.4 of 2010 on the file of the First Additional District Munsif Court cum Rent Controller, Nagercoil etc., as stated within.

KB(26.10.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2