Madras High CourtCRP(MD)/839/2017dismissed

Chandran v. Mahabboddunnisa

2017-04-06Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.04.2017 Coram:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN, C.R.P (MD) No.839 of 2017 and C.M.P.(MD)No.3740 of 2017 Chandran ...Petitioner/Appellant/3rd Respondent -Vs1.Mahabboddunnisa, 2.Noorunnisa, ...Respondents/Respondents/Petitioners Prayer:

This Civil Revision Petition is filed Under Section 25 of the Tamil Nadu Buildings (Lease & Rent Control ) Act 18/1960, praying to set aside the Judgement and decree dated 04.06.2014 passed in R.C.A.No.31 of 2009 on the file of Rent Control Appellate Authority (Principal Sub-Court), Tiruchirapalli confirming the order and decreetal order dated 13.04.2007 passed in R.C.O.P.No.250 of 1999 on the file of Rent controller (Principal District Munsif), Tiruchirapalli.

For Petitioner : Mr.T.Lenin Kumar

ORDER

This Civil Revision Petition has been filed Under Section 25 of the Tamil Nadu Buildings (Lease & Rent Control ) Act, 18/1960 praying to set aside the Judgment and decree dated 04.06.2014 passed in R.C.A.No.31 of 2009 on the file of Rent Control Appellate Authority (Principal Sub-Court), Tiruchirapalli confirming the order and decreetal order dated 13.04.2007 passed in R.C.O.P.No.250 of 1999 on the file of Rent controller (Principal District Munsif), Tiruchirapalli.

2. The revision petitioner is the tenant under the respondents. The case of the respondents is the revision petitioner has defaulted in paying the rent from the month of September 1998 and has sub-leased the premises to unauthorized persons. The said fact has been proved by the Landlord and https://hcservices.ecourts.gov.in/hcservices/

accepted by the Rent Controller as well as the Rent Control Appellate Authority. Having lost the case before the Courts below, this revision petition has been filed.

3.On a perusal of the grounds of the revision petition, it is seen that the revision petitioner, who is the tenant under the respondents, has not only defaulted in payment of rent prior to initiation of Rent Control proceedings, but even thereafter. Therefore he is liable to be evicted from the premises forthwith. Since the revision petition lacks merit it is dismissed. Consequently, CMP (MD)No.3740 of 2017 is closed. No order as to costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The Principal Subordinate Judge, Rent Control Appellate Authority (Principal Subordinate Court), Tiruchirapalli.

2.The Rent Controller, The Principal District Munsif, Tiruchirapalli.

das/sm RL/3C/2P/MR/15.5.2017 C.R.P (MD) No.839 of 2017 and C.M.P.(MD)No.3740 of 2017 06.04.2017 https://hcservices.ecourts.gov.in/hcservices/