Allowed

Mr.Chandralal Sharma v. Mr.M.S.Kmar

Madras HC6 Jan 2014CRP/4699/2013

Case brief

AI extract

What is this about?

The court extended the time to file a counter statement in a rent control matter by 15 days, conditioned on payment of Rs. 1000 to the respondent, and directed the Rent Controller to admit the counter and decide the original petition on merits.

What did the court decide?

Time for filing counter statement extended by 15 days; petitioner directed to pay Rs. 1000 to respondent; Rent Controller directed to admit counter and dispose of petition on merits within 3 months.

Mr.Chandralal Sharma Vs Mr.M.S.Kmar — Landlord and Tenant | Madras HC (2014)

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M.P.No.1 of 2015 in CRP(PD)No.4699 of 2013

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M. DURAISWAMY,J.,

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By Order dated 6.1.2014, this Court, while disposing of the Civil Revision Petition, permitted the petitioner to file his counter statement in the Rent Control Original Petition within a period of one month from the date of receipt of copy of this order.

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According to the learned counsel for the petitioner, there was a delay of two days in filing the counter before the Rent Controller. The petitioner filed a Memo before the Rent Controller to receive the counter, however, the Memo was rejected by the Rent Controller.

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Aggrieved over the rejection of the Memo, the petitioner preferred a Civil Revision Petition in C.R.P No.2415 of 2014 and this Court, by Order dated 28.11.2014, while dismissing the Civil Revision Petition, gave liberty to the petitioner to file appropriate application in C.R.P(PD)No.4699 of 2013, seeking for extension of time and also gave liberty to the respondent to file his counter and contest the application.

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Now, the petitioner has filed the above petition to extend the time for filing the counter before the Rent Controller.

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Mr.N. Suresh, learned counsel appearing for the petitioner submitted that the petitioner had already filed his counter before the Rent Controller, however, it was not taken on file by the Rent Controller for the reason that this Court had granted only a month's time for filing counter statement.

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Mr.K.V. Sundararajan, learned counsel for the respondent submitted that this Court has shown sufficient indulgence to the petitioner for filing the counter and inspite of the same, the petitioner has not utilised the opportunities and had only dragged on the matter till this date.

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Having regard to the submissions made by the learned counsel on either side, I am of the view that in the interest of justice and in order to give a final opportunity to the petitioner, the delay in filing the counter statement before the Rent Controller can be condoned for the reason that the petitioner had already filed his counter before the Rent Controller.

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In these circumstances, time granted by this Court on

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06.01.2014 in CRP (PD) No.4699 of 2013 is extended by 15 days on condition that the petitioner, paying a sum of Rs.1000/-(Rupees one thousand only) to the respondent within a period of one week from the date of receipt of copy of this order.

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Since the petitioner had already filed his counter, the Rent Controller is directed to take on record, the counter filed by the petitioner, and dispose of the Rent Control Original Petition in R.C.O.P.No. 129 of 2012, on merits and in accordance with law, within a period of three months from the date of receipt of copy of this order.

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With the above observation, the petition is disposed of.

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14-07-2015

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Note: Issue Order copy on 16.7.2015

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M. DURAISWAMY,J.,

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M.P.No.1 of 2015 in CRP(PD)No.4699 of 2013

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14-07-2015

Mr.Chandralal Sharma v. Mr.M.S.Kmar

Case brief

What is this about?

What did the court decide?

Mr.Chandralal Sharma v. Mr.M.S.Kmar

Case brief

What is this about?

What did the court decide?

What the court decided

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