This revision petition challenged a Rent Controller order for non-disposal. The High Court directed the Principal District Munsif to decide the eviction petition on merits within three months without expressing an opinion on merits.
Direction to the Principal District Munsif, Alandur to dispose of R.C.O.P.No.108 of 2013 on merits within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
C.R.P.(PD).No.812 of 2017
G.Jayashankar
... Petitioner
Vs.
R.Muralidharan
... Respondent
Civil Revision Petition filed under Article 227 of the Constitution of India to dispose of the R.C.O.P.No.108 of 2013 on the file of the Principal District Munsif, Alandur within a stipulated time.
For Petitioner : Mr.M.Saravanakumar
O R D E R
The landlord in R.C.O.P.No.108 of 2013 on the file of the Rent Controller, Principal District Munsif, Alandur, has filed the above Civil Revision Petition to direct the Rent Controller to dispose of the R.C.O.P.No.108 of 2013 within a stipulated time.
2.The learned counsel appearing for the petitioner submitted that
the landlord filed R.C.O.P.No.108 of 2013 for eviction on the ground of own
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use and occupation. The learned counsel submitted that the Rent Controller has taken up the Original Petition for trial and the matter is posted for the cross examination of P.W.1. Further, the learned counsel submitted that in view of the long pendency of the Original Petition, the Rent Controller may be directed to dispose of the Original Petition within a time frame.
3.Having regard to the submissions made by the learned counsel for the petitioner, taking into consideration the limited prayer sought for in the Civil Revision Petition, without expressing any opinion with regard to the merits of the case, I direct the Principal District Munsif, Alandur, to dispose of the Original Petition in R.C.O.P.No.108 of 2013, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.
4.With these observations, the Civil Revision Petition is disposed of.
No costs.
Index : No Internet : Yes va Note: Issue order copy on 08.03.2017.
07.03.2017
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To
The Principal District Munsif, Alandur.
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M.DURAISWAMY,J.
va
C.R.P.(PD).No.812 of 2017
07.03.2017
1 issue framed by the court
Whether the Rent Controller should be directed to dispose of a pending eviction petition within a stipulated time frame.
G.Jayashankar
R.Muralidharan
M.DURRASWAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
