Dismissed

S.A. Mohammed Hanifa (Died) v. M. Pitchaikkonar, (Died)

Madras HC15 Nov 2019CRP(MD)/1705/2012

Case brief

AI extract

What is this about?

This single-judge order of the Madurai Bench of Madras High Court dismisses a Civil Revision Petition under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, for default due to non-appearance by the petitioners. The court allowed respondents 2 to 11 to take possession of the premises with police assistance and dismissed the connected miscellaneous petition.

What did the court decide?

Petition dismissed for default; respondents permitted to take possession with police assistance; connected petition dismissed.

S.A. Mohammed Hanifa (Died) Vs M. Pitchaikkonar, (Died) — Landlord and Tenant | Madras HC (2019)

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C.R.P(MD)No.1705 of 2012

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 15.11.2019

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CORAM THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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C.R.P(MD)No.1705 of 2012 and M.P(MD)No.1 of 2012

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1.S.A.Mohammed Hanifa (died)

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... Petitioner/

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Appellant/Respondent

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2.Sri Muthu Madhar Kani

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3.Jimman Begam

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4.Sheik Azarudeen

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... Petitioners 2 to 4/

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LRs., of the deceased

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[Petitioners 2 to 4 are brought on record as LRs., of the deceased sole petitioner vide order dated 16.12.2013 made in M.P(MD)No.2 of 2012 in C.R.P(MD)No.1705 of 2012.]

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Vs.

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1.M.Pitchaikkonar (died)

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... Respondent/

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Respondent/Petitioner

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2.P.Navamohandas 3.P.Vijayakumar 4.M.P.Muthukrishnan

5.P.Omprakash

6.R.Mohana

7.R.Madhu

8.R.Vishnu Raja

9.A.Girijabai

10.M.Devika Rani

11.Renuga Devi ... Respondents 2 to 11/ LRs., of the deceased

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Sole Respondent

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[Respondents 2 to 11 are brought on record as LRs., of the deceased sole respondent vide order dated 07.08.2015 made in M.P(MD)No.1 of 2015 in C.R.P(MD)No.1705 of 2012.]

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Prayer : Petition filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, against the order dated 10.10.2011 passed in R.C.A.No.42 of 2008 on the file of the Rent Control Appellate Authority/Principal Subordinate Court, Madurai, in confirming the order dated 05.08.2008 passed in R.C.O.P.No.3 of 2002 on the file of the Rent Controller/Additional District Munsif Court, Madurai Town.

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

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1/2

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C.R.P(MD)No.1705 of 2012

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For Petitioners : No appearance

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For Respondents : Mr.A.Balaji for R.2 to R.11

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ORDER

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When the matter was taken up for hearing on 08.11.2019, there was no representation on behalf of the petitioners and hence, the matter was directed to be listed under the caption 'for dismissal' on 15.11.2019. Even today, when this matter is taken up for hearing under the caption 'for dismissal', there is no representation on behalf of the petitioners and hence, this Civil Revision Petition is dismissed for default. However, it is open to the respondents 2 to 11/legal representatives of the deceased sole respondent/landlord to take possession of the premises in question with the assistance of the police, in the light of the decision of this Court in Radhika Sri Hari v. Commissioner of Police, Coimbatore reported in 2014 (2) CTC 695 . No costs. Consequently, the connected Miscellaneous Petition is also dismissed.

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Assistant Registrar ()

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// True Copy //

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Sub Assistant Registrar(CS)

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rsb

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1.The Rent Control Appellate Authority/Principal Subordinate Court, Madurai.

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2.The Rent Controller/Additional District Munsif Court, Madurai Town.

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+1 CC to Mr.A.BALAJI, Advocate ( SR-98761[F] dated 15/11/2019 )

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C.R.P(MD)No.1705 of 2012 and M.P(MD)No.1 of 2012 15.11.2019

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VB(26.11.2019) 2P 4C

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

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S.A. Mohammed Hanifa (Died) v. M. Pitchaikkonar, (Died)

Case brief

What is this about?

What did the court decide?

S.A. Mohammed Hanifa (Died) v. M. Pitchaikkonar, (Died)

Case brief

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What did the court decide?

What the court decided

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