Dismissed

A.Saravanane v. Gilda Joshiane Iroudayamarie Samuel

Madras HC11 Aug 2021CRP/1578/2021

Case brief

AI extract

What is this about?

The Court dismissed a Civil Revision Petition filed under Article 226 to strike off an eviction petition pending before a District Munsif-cum-Rent Controller. The Court held that the title issue was triable fact and required oral and documentary evidence, thus the matter must be disposed of on merits by the trial court.

What did the court decide?

This Civil Revision Petition is dismissed. The trial court is directed to dispose of the eviction petition on merits within three months.

A.Saravanane Vs Gilda Joshiane Iroudayamarie Samuel — Property and Title | Madras HC (2021)

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C.R.P.(PD).No.1578 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.08.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

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C.R.P. (PD) No.1578 of 2021

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A.Saravanane ... Petitioner /
Respondent
versus
Gilda Joshiane Iroudayamarie Samuel,
D/o.Late Samuel
Rep. by her Power Agent
S.Palanivel
S/o.Subramanian
No.33, Needarajappayer Street,
Puducherry - 605 001. ... Respondent /
Petitioner

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PRAYER : Civil Revision Petition has been filed under Article 227 of the Constitution of India, to struck off the petition in H.R.C.O.P. No.14 of 2017 pending on the file of the learned Principal District Munsif-cum-Rent Controller, Puducherry.

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For Petitioner : Mr.M.Gnanasekar

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O R D E R

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This Civil Revision Petition is filed seeking direction to struck

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off the petition in H.R.C.O.P. No.14 of 2017 on the file of the learned

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Principal District Munsif-cum-Rent Controller, Puducherry.

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1/4

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https://www.mhc.tn.gov.in/judis/

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C.R.P.(PD).No.1578 of 2021

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2. The learned counsel for the petitioner submitted that,

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both the petitioner and the respondent are tenants in respect of the property. However, the respondent created forged and fraudulent Settlement Deed dated 26.12.2016 and on the basis of that fraudulent Settlement Deed, she filed the present H.R.C.O.P. on the ground of wilful default and denial of

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title. It is submitted by the learned counsel for the petitioner that, the Settlement Deed dated 26.12.2016 in favour of the respondent, was set aside

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on 01.06.2018.

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3. This H.R.C.O.P. was filed in the year 2017 and the

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alleged Settlement Deed dated 26.12.2016 had come into existence in the year 2018. Even as per the prayer in H.R.C.O.P. No.14 of 2017, eviction petition was filed on the ground of denial of title. It is seen from the stage of

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the case that the counter has been filed and posted for enquiry on 06.02.2018. Respondent claims ownership to the schedule property on the

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basis of Settlement Deed dated 26.12.2016, which according to the petitioner was set aside on 01.06.2018. Apparently, there is an issue

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involving the title to the tenanted premises. Eviction Petition is filed on the

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2/4

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https://www.mhc.tn.gov.in/judis/

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C.R.P.(PD).No.1578 of 2021

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ground of denial of title also. This Court is of the considered view that this

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particular issue should be tried before the trial Court in the course of enquiry. There are triable issues involved in this case. This matter should be necessarily enquired on the basis of the oral and documentary evidence by

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the parties.

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4. In such view of the matter, this Civil Revision Petition is

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dismissed, with direction to the learned Principal District Munsif-cum-Rent

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Controller, Puducherry, to dispose of H.R.C.O.P. No.14 of 2017, on merits and in accordance with law, as expeditiously as possible, preferably, within a period of three (3) months from the date of receipt of a copy of this order.

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However, there is no order as to costs.

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11.08.2021

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Speaking order / Non-speaking order Index : Yes / No

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sri

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The Principal District Munsif-cum-Rent Controller, Puducherry.

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3/4

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https://www.mhc.tn.gov.in/judis/

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C.R.P.(PD).No.1578 of 2021

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G.CHANDRASEKHARAN, J.

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sri

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C.R.P. (PD) No.1578 of 2021

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11.08.2021

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4/4

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https://www.mhc.tn.gov.in/judis/

A.Saravanane v. Gilda Joshiane Iroudayamarie Samuel

Case brief

What is this about?

What did the court decide?

A.Saravanane v. Gilda Joshiane Iroudayamarie Samuel

Case brief

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