Allowed

K.H.Omar Farook v. M/S. Bharat Scans Private Limited

Madras HC17 Aug 2021CRP/1613/2021

Case brief

AI extract

What is this about?

The revision was filed challenging an interim stay order in a rent control matter. The Court found no reason to interfere, noting partial compliance by the tenant, and directed the lower Appellate Authority to dispose of the case within three months.

What did the court decide?

Petitioner's revision dismissed but lower court directed to dispose of the pending revision application within 3 months.

K.H.Omar Farook Vs M/S. Bharat Scans Private… — Civil Procedure and Limitation | Madras HC (2021)

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C.R.P.(NPD).No.1613 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.08.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

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C.R.P. (NPD) No.1613 of 2021

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K.H.Omar Farook ... Petitioner /
Respondent

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versus

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M/s. Bharat Scans Private Limited, Represented by its Managing Director Dr.R.Emmanuel Gunaseelan, No.197, Peters Road, Royapettah, Chennai - 600 014.

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... Respondent /
Appellant

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PRAYER : Civil Revision Petition has been filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, against the order of the learned VII Judge, Court of Small Causes (Rent Control Appellate Authority), Chennai, made in M.P.No. 3 of 2020 in R.C.A.No. 129 of 2020 dated 17.02.2021.

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For Petitioner : Mr.K.Mohan O R D E R

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This Civil Revision Petition is filed challenging the order dated

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17.02.2021 made in M.P.No. 3 of 2020 in R.C.A. No. 129 of 2020 passed

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C.R.P.(NPD).No.1613 of 2021

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by the learned VII Judge, Court of Small Causes (Rent Control Appellate Authority), Chennai.

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2. The learned counsel for the petitioner submitted that, the

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petitioner, who is the landlord, has filed the petition in R.C.O.P.No.1048 of 2018 for eviction of the tenant / respondent on the ground of willful default. The petitioner has filed the petition under Section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, in M.P.No.654 of 2018 in R.C.O.P.No.1048 of 2018, for the reasons that, there was arrears of rent.

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The learned Rent Controller Appellate Authority has passed an order on 26.07.2019, directing the tenant to pay a sum of Rs.19,27,800/- being the rental arrears on or before 25.08.2019, failing payment, it was directed that all further proceedings in the main R.C.O.P. will be stopped and eviction will be ordered.

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3. It is the submission of the learned counsel for the petitioner that against this order, the tenant had preferred R.C.A.No.33 of 2020 and it is pending. The tenant has not complied with the order and

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C.R.P.(NPD).No.1613 of 2021

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therefore, the learned Rent Controller Appellate Authority has passed the consequential order of stopping all further proceedings on 26.08.2019. Against that consequential order, the tenant preferred R.C.A.No.129 of 2020. He also filed M.P.No.3 of 2020 in R.C.A.No.129 of 2020 seeking interim stay. The learned Rent Controller Appellate Authority considered the rival submissions and passed an order of interim stay on condition that the arrears of rent of Rs.9,77,300/- has to be paid by the tenant on or before 17.03.2021 and granted interim stay, till 17.03.2021. Against this order, the present Civil Revision Petition is filed.

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4. Heard the learned counsel for the petitioner.

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5. This Court enquired the learned counsel for the

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petitioner as to whether the tenant has complied with the directions given by the learned Rent Controller Appellate Authority in M.P.No.3 of 2020 in R.C.A.No.129 of 2020 and paid the rent arrears as directed, the learned counsel for the petitioner submitted that the tenant had paid the amount, of course with the delay. There are 5 other connected similar matters have

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C.R.P.(NPD).No.1613 of 2021

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come up for hearing before this Court and similar conditional orders had

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also been passed in those cases as well. The learned counsel for the petitioner also submitted that in those matters, the tenant had complied with the condition of the learned Rent Controller Appellate Authority and paid the rental arrears as directed. Thus, it is seen that 50% of the rental arrears had been paid and the order seems to be very reasonable and justifiable in the facts and circumstances of the case. Therefore, this Court does not find any reason to interfere with the order of the learned VII Judge, Court of

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Small Causes (Rent Control Appellate Authority), Chennai.

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6. The learned counsel for the petitioner submitted that the

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arrears is huge and still there is arrears, therefore, he prays for fixing the time frame for the disposal of this R.C.A.No.129 of 2020. He also submitted

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that the tenant is not regular in paying the monthly rent. Considering his submissions and also the fact that the issue involved in this R.C.A. is

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limited in nature, this Court directs the learned VII Judge, Court of Small Causes (Rent Control Appellate Authority), Chennai, to dispose of

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C.R.P.(NPD).No.1613 of 2021

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R.C.A.No.129 of 2020, as expeditiously as possible, preferably, within a

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period of three (3) months from the date of receipt of a copy of this order.

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7. This Civil Revision Petition is disposed of accordingly.

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However, there is no order as to costs.

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17.08.2021
Speaking order / Non-speaking order
Index : Yes / No
sri
To
The VII Judge, Court of Small Causes
(Rent Control Appellate Authority),
Chennai.

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C.R.P.(NPD).No.1613 of 2021

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G.CHANDRASEKHARAN, J.

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sri

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C.R.P. (NPD) No.1613 of 2021
17.08.2021

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K.H.Omar Farook v. M/S. Bharat Scans Private Limited

Case brief

What is this about?

What did the court decide?

K.H.Omar Farook v. M/S. Bharat Scans Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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