Allowed

C.Arumugasamy v. R.Velmurugan

Madras HC13 Mar 2014CRP(MD)/326/2014

Case brief

AI extract

What is this about?

The Madras High Court, Madurai Bench, under Article 227 of the Constitution, allowed a civil revision petition seeking a direction for the early disposal of a pending rent control eviction petition filed by an absolute landlord against a tenant for wilful default.

What did the court decide?

Direction to the Rent Controller/District Munsif, Madurai, to dispose of R.C.O.P.No.328 of 2013 within three months.

C.Arumugasamy Vs R.Velmurugan — Landlord and Tenant | Madras HC (2014)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.03.2014

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CORAM

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THE HONOURABLE MR.JUSTICE T.MATHIVANAN

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C.R.P.(MD)(PD)No.326 of 2014

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C.Arumugasamy

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...Petitioner/Petitioner/Landlord

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-Vs-

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R.Velmurugan ... Respondent/Respondent/Tenant

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Prayer :Petition filed under Article 227 of the Constitution of India, to issue a direction for early disposal of the R.C.O.P.No.328 of 2013 pending on the file of the Rent Controller/District Munsif, Madurai Town.

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For Petitioner : Mr.A.Saravanan

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ORDER

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Invoking the provisions of Article 227 of the Constitution of India, the revision petitioner who is the petitioner in R.C.O.P.No.328 of 2013 on the file of the Rent Controller/District Munsif, Madurai Town, has filed filed this civil revision petition seeking a direction to the learned Rent Controller MAdurai, to dispose of the petition in R.C.O.P.No.328 of 2013 as expeditiously as possible preferably within a time which may be fixed by this Court.

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Mr.A.Saravanan, learned Counsel appearing for the revision petitioner has submitted that the revision petitioner is the absolute owner of the said premises and he has filed the above said R.C.O.P.No.328 of 2013 as against the respondent/ tenant under Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent) Control Act, for eviction on the ground of wilful default.

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He would argue that the respondent had initially committed default in payment of rent and the revision petitioner had been repeatedly reminded him about the arrears, but the respondent has been dodging and avoiding to pay the rent and therefore, the revision petitioner was constrained to file the above petition on the ground of wilful default for eviction.

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

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Despite the Rent Control original petition was filed as early as in the year 2013, it has been kept pending idle without any progress and therefore, he has come forward with this petition with a prayer as above stated.

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A perusal of the grounds of revision reveals that the respondent had to pay a huge arrears of rent and it also appears that he had filed a suit in O.S.No.956 of 2013 as against the revision petitioner on the file of the learned District Munsif, Madurai, seeking the relief of permanent injunction not to evict him unless by due process of law. However, the learned Counsel has argued that the pendency of the suit is not a bar to proceed with the Rent Control original petition and therefore, he has urged before this Court to issue a direction to the Rent Controller, Madurai, to dispose of the above said R.C.O.P.No.328 of 2013 within a time.

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This Court has perused the averments and heard the learned Counsel appearing for the petitioner.

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Keeping in view the above facts and circumstances of the case, this Court decides to allow the Civil Revision Petition as requested by the petitioner. Accordingly, the Civil Revision Petition is allowed. The learned Rent Controller/ District Munsif, Madurai, is directed to dispose of the rent control petition in R.C.O.P.No.328 of 2013 as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order without further delay. There shall be no order as to costs.

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Sd/Assistant Registrar(Crl.side)

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The Rent Controller/ District Munsif, Madurai.

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+1cc to Mr.A.Saravanan, Advocate in Sr No.15648.

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gsr msm 17.03.2014 p2/3c

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

C.Arumugasamy v. R.Velmurugan

Case brief

What is this about?

What did the court decide?

C.Arumugasamy v. R.Velmurugan

Case brief

What is this about?

What did the court decide?

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