Kamalam, (Died) v. Abdul Saleem, S/O.Abdul Khader

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(MD)Nos.1802 & 1789 of 2011 and 2207 of 2012 1.Kamalam(died) 2.Francis Xavier 3.Dr.Elizabeth Jeyanthi 4.Dr.Margarat Shanthi ..Petitioners in all CRPs (Petitioners 2 to 4 are brought on record as LRs of the deceased petitioner vide order dated 27.11.2014 and 06.01.2014, made in M.P.(MD).Nos.1&1/2014 and 2/2013 in C.R.P.(MD)Nos.1802 & 1789 of 2011 and 2207 of 2012, respectively).

Vs.

Abdul Saleem .. Respondent in C.R.P.(MD)Nos.1802 and 1789 of 2011 Manivel ..Respondent in C.R.P.(MD)No.2207 of 2012 Common Prayer: These Civil Revision Petitions are filed under Section 25 of Tamilnadu Buildings (Lease and Rent Control) Act, 1960, against the fair and executable order, dated 20.01.2011, passed in R.C.A.No.19, 28 and 18 of 2008, respectively, on the file of the Rent Control Appellate Authority, Tiruchirappalli, confirming the fair and executable order, dated 21.09.2007, passed in R.C.O.P.Nos.144, 145 and 141 of 2004, respectively, on the file of the learned Principal District Munsif cum Rent Controller, Tiruchirappalli.

For Petitioners : Mr.J.Barathan in all CRPs For Respondent : Ms.J.Maria Roseline in all CRPs C O M M O N O R D E R The petitioner Ms.Kamalam/Land Lord, filed R.C.A.Nos.19, 28 and 18 of 2008 respectively, against the order passed in R.C.O.P.Nos.144, 145 and 141 of 2004, to order eviction of the respondents/tenants and directing them to vacate and hand over vacant possession of the property, to the petitioner Ms.Kamalam. The said RCOPs were dismissed by the learned Rent Controller (Principal District Munsif), Trichy, by common order, dated 21.09.2007. Against which, the petitioner Ms.Kamalam has also filed above Rent Control Appeals. The said Rent Control Appeals were dismissed by the learned Rent Control Appellate Authority (Principal Subordinate Judge), Trichy.

Against that order of dismissal, the petitioner has filed present Civil Revision Petitions. Pending CRPs, the petitioner Ms.Kamalam died and petitioners 2 to 4 were brought on record as LRs of the deceased petitioner, vide order, dated 27.11.2014 and 06.01.2014, made in M.P.(MD).Nos.1&1/2014 and 2/2013 in C.R.P.(MD) Nos.1802 & 1789 of 2011 and 2207 of 2012, respectively. https://hcservices.ecourts.gov.

2. Pending CRPs, stating that the matter was settled and the petitioners herein have taken possession of the property, both parties filed a joint memo presented before this Court 04.04.2016. The memo states that the respondents/tenants have vacated the premises and handed over vacant possession of the petition mentioned premises on 29.02.2016 and received entire advance amount from the petitioners. Hence, the learned counsel on either side represented that there is no necessity for passing any order in these petitions, since these Civil Revision Petitions have become infructuous.

3. Recording the submissions made by the learned counsel on either side, these Civil Revision petitions are dismissed as infructuous. No Costs.

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

2.The Principal District Munsif cum Rent Controller, Tiruchirappalli.

+3cc to M/s.J.R.Jeyapalam, Advocate in SR.19206 to 19208 C.R.P.(MD)Nos.1802 and 1789 of 2011 and 2207 of 2012 05.04.2016 pjl PBK/GSV-PM 06/05/2016 ::2P-6C::

https://hcservices.ecourts.gov.in/hcservices/