M.Ramlingam, v. P.Ramesh @ Manickam
Case brief
What is this about?
In a combined review petition, the Madurai Bench of the Madras High Court addressed a request to vacate an interim stay on an eviction order. The court directed the tenant to pay arrears up to a specified date and subsequent monthly rent as a condition for formality rather than granting the stay's vacatur. The interim stay was made absolute post-hearing.
What did the court decide?
Tenant directed to pay arrears up to date and monthly rent; interim stay made absolute; review petition closed.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Seventh day of March Two Thousand Eighteen
PRESENT
The Hon`ble Mrs.Justice J.NISHA BANU
CMP(MD) No.1489 of 2018 & 1106 of 2016 IN CRP(MD) No.276 of 2016
CMP(MD) No.1489 of 2018 IN CRP(MD) No.276 of 2016:
M.RAMLINGAM ... PETITIONER/RESPONDENT/ LANDLORD
Vs
P.RAMESH @ MANICKAM ... RESPONDENT/PETITIONER/ TENANT
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to vacate the interim stay granted in CMP No.1106 of in CRP No.276 of 2016 dated 8.2.2016 pending before this Honourable and thus render justice.
CMP(MD) No.1106 of 2016 IN CRP(MD) No.276 of 2016:
Issues for consideration
2 issues framed by the court
Whether the interim stay granted on the eviction order should be vacated due to non-payment of rent arrears.
How to balance the landlord's right to recover arrears with the tenant's right to stay in occupation pending final disposal.
Parties & counsel
- petitioner
M.RAMLINGAM
- respondent
P.RAMESH @ MANICKAM
Coram
J.NISHA BANU
Case details
As recorded by the court registry
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