The Court disposed of a Civil Revision Petition filed under Article 227 to address alleged arbitrary delays in a rent dispute appeal. It directed the lower court to decide the matter on merits without costs.
Directed the VII Judge, Small Causes Court, Chennai to dispose of R.C.A.No.124 of 2017 on merits and in accordance with law as expeditiously as possible.
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: 26.03.2018
CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
CRP(NPD).No.1189 of 2018
N.Swaminathan .. Petitioner
Vs.
D.Somasekar Reddy .. Respondent
PRAYER : Civil Revision Petition filed under Article 227 of the
Constitution of India against the arbitrary action of the learned VII Judge, Small Causes Court in frequently adjourning R.C.A.No.124 of 2017
filed by the respondent against the fixation of fair rent for the demised premises vide order dated 05.01.2017 passed in R.C.O.P.No.1998 of 2015
on the file of XI Small Causes Court at Chennai (Rent Controller).
For Petitioner : Mr.S.Rajasekar
O R D E R
The Civil Revision Petition is taken up for final disposal at the
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admission stage itself.
2.According to the revision petitioner, the respondent herein filed
an appeal under Section 23(1) (B) of the Tamil Nadu Buildings (Lease and
Rent Control) Act 1960 on 08.02.2017 in R.C.A.No.124 of 2017 before the
Small Causes Court (Appellate Authority), Chennai and the aforesaid
appeal is pending for the last one year. The petitioner being a senior
citizen now aged about 68 years requested this Court for the speedy disposal of the above said R.C.A.No.
3.By considering the submissions made by the learned counsel for
the petitioner and the petitioner being the senior citizen, by giving priority to dispose of the appeal, without expressing any opinion on merits, this Court is inclined to direct the VII Judge, Small Causes
Court, Chennai to dispose of R.C.A.No.124 of 2017 on merits and in
accordance with law as expeditiously as possible.
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4.The Civil Revision Petition is disposed of with above direction.
No costs.
26.03.2018
ah
Speaking/Non-Speaking order
Index :Yes/No
Internet:Yes/No
To
The VII Judge,
Small Causes Court,
Chennai.
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D. KRISHNAKUMAR J.,
ah
CRP(NPD).No.1189 of 2018
26.03.2018
1 issue framed by the court
Whether to direct the Small Causes Court to dispose of the pending appeal on merits expeditiously given the petitioner is a senior citizen.
2 provisions across 2 enactments
N.Swaminathan
D.Somasekar Reddy
DKRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
