The High Court dismissed the revision petition and directed the Principal District Munsif Court to dispose of pending civil rent cases within six months, allowing the controller to fix rent quantum.
Revision petition disposed; directions issued to dispose of civil cases within six 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.08.2018
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH
C.R.P.No.2458 of 2017
J.Radhakrishnan ... Petitioner
Vs.
Krishnamurthy ...Respondent
Prayer: This Civil Revision Petition filed under Article 227 of Constitution of India praying to set aside the impugned order and decree dated 22.12.2016 made in I.A.No.13/2015 in R.C.O.P.No.8/2014 on the file of Principal District Munsif Court, Tiruvannamalai.
For Petitioner : Mr.S.Udayakumar
For Respondent : Mr.B.Jawahar
ORDER
The prayer sought for in the present Civil Revision Petition is to set aside the impugned order dated 22.12.2016 made in I.A.No.13/2015 in R.C.O.P.No.8/2014 on the file of the learned Principal District Munsif, Tiruvannamalai.
4.Though the petition filed by the tenant/respondent seeking for deposit of the monthly rent is pending, it is submitted by both the counsel that they would be satisfied if both R.C.O.P.No.7 of 2015 and R.C.O.P.No.8 of 2014 are directed to be disposed of within a stipulated time.
5.In view of the limited prayer sought for by both the learned counsel, there shall be a direction to the learned Principal District Munsif, Tiruvannamalai to dispose of R.C.O.P.No.7 of 2015 and R.C.O.P.No.8 of 2014 within a period of six months from the date of receipt of a copy of this order.
6.It is needless to point out that the Rent Controller is at liberty to fix the quantum of the disputed rent in accordance with section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control), Act 1960.
7.With the above observations and direction, the Civil Revision Petition is ordered accordingly . No costs.
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
ak/mbi
To
The Principal District Munsif,
Tiruvannamalai.
+1cc to Mr.B.Jawahar, Advocate Sr.57818
+1cc to Mr.S.Udayakumar, Advocate Sr.58006
C.R.P.No.2458 of 2017
sv[co] srg 12/09/2018
2 issues framed by the court
Whether to direct the concerned court to dispose of pending rent and eviction proceedings within a stipulated time.
Whether the Rent Controller is empowered to fix the quantum of disputed rent.
2 provisions across 2 enactments
J. Radhakrishnan
Krishnamurthy
M. S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
