Madras High CourtCRP(MD)/1792/2013dismissed as infructuous

Basheer Ahamed (46/13), v. H.M.Habibullah (47/13),

2018-04-16Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRP(MD) (NPD) No.1792 of 2013 and MP(MD) No.1 of 2013 Basheer Ahamed ... Revision Petitioner/ Appellant /Respondent/Tenant vs.

H.M.Habibullah ... Respondent / Respondent /Petitioner / Land Lord Prayer:- Civil Revision Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, against the judgment and decree made in R.C.A.No.13 of 2012, dated 12.08.2013, on the file of the Principal Sub Court, Tirunelveli, confirming the judgment and decree in R.C.O.P.No.06 of 2010, dated 03.03.2011, on the file of the Rent Controller-cum-1st Additional District Munsif, Tirunelveli.

For Petitioner : Mr.P.T.Ramesh Raja For Respondent : Mr.V.Sitharanjandas ***

ORDER

This Civil Revision Petition has been preferred by the unsuccessful tenant in the case for eviction, at the instance of the respondent / land lord on the ground of own occupation. 2.The learned Counsel for the respondent / land lord submitted that during the pendency of the revision petition, the tenant / revision petitioner has surrendered the possession and that the civil revision petition has become infructuous and he has also made an endorsement.

3.The fact stated by the learned Counsel for the respondent of course could not be verified or confirmed by the learned Counsel for the petitioner. However, the learned Counsel for the revision petitioner states that the statement of the learned Counsel for the respondent may be recorded in this civil revision petition and disposed of accordingly.

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4.Recording the statement of the learned Counsel for the respondent that the land lord has taken the possession from the revision petitioner / tenant, this Court is inclined to dismiss the revision petition as infructuous.

5.As a result, this civil revision petition is dismissed as infructuous.

No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Principal Subordinate Judge, Tirunelveli.

2.The Rent Controller-cum-1st Additional District Munsif, Tirunelveli.

Copy to :

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. (2 copies) +1 cc to M/S.V.Sitharanjandas,Advocate in SR No.61543 CRP(MD) (NPD) No.1792 of 2013 16.04.2018 cmr PK/CM-PN/SAR-3/16.05.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/