Allowed

Vijayalakshmi Sridhar v. G.Ravishakar

Madras HC5 Oct 2021CRP/2146/2021

Case brief

AI extract

What is this about?

This revision petition sought a direction for the lower court to dispose of a tenancy eviction application within the statutory time limit mandated by the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. The High Court directed the court to follow the 90-day timeline under Section 36(6)(a) and dispose of the matter expeditiously.

What did the court decide?

Directing the District Munsif Court at Sriperumbudur to dispose of R.L.T.O.P.No.3 of 2020 expeditiously within the 90-day statutory limit.

Vijayalakshmi Sridhar Vs G.Ravishakar — Landlord and Tenant | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.10.2021

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CORAM :

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THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN

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C.R.P.No.2146 of 2021

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1. Mrs. Vijayalakshmi Sridhar

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2. Mr. P.K.Sridhar, S/o. P.S. Krishnamoorthy, Represented by Mrs. Vijayalakshmi Sridhar, For 2 nd Applicant by General Power Deed, Doc. No. 978/2014 dt. 22/12/2014.

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... Petitioners/Applicant

1. Mr. G.Ravishankar

2. Mrs. Prabhavathy,

Representing as Partners of M/s. Ganapathy Enterprises, Running Shop under the name and Style of "EssensualsTony & Guy", No. 54, Mugalivakkam Main Road, First Floor, Gurusamy Nagar, Madanadapuram, Presently Mugalivakkam, Chennai - 600 125.

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3. Paulsons Beauty and Fashions Pvt. Ltd., Represented by its Authorized Signatory,

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Mr. A.Manikandan,

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No. 12, Halls Road,

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Kilpauk, Chennai - 600 010. ... Respondents/Respondents

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PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India praying to direct the lower court i.e., District Munsif Cum Judicial Magistrate Court, Sriperumbudur presently District Munsif Court, Sriperumbudur in RLTOP No. 3 of 2020 to dispose the same in a stipulated period fixed by this Court by allowing the Civil Revision Petition.

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For Petitioners : Mr. Thirumalai Balaji for Mr. P.Subba Reddy

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O R D E R

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This Petition is filed seeking direction to the Learned District Munsif cum Judicial Magistrate, Sriperumbudur to

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

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dispose the R.L.T.O.P.No.3 of 2020 within a time frame to be stipulated by this Court.

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2.The Learned Counsel for the Petitioners submitted that the Petitioners filed R.L.T.O.P.No.3 of 2020 under Section 21 (2) (b) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 for evicting the Respondents and hand over possession on the ground of willful default for not paying the rents for several months.

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3.The Learned Counsel for the Petitioners further submitted that counter has not been filed by the Respondents and they are dragging the proceedings. Therefore, he prays for a time line for the disposal of the Petition.

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4.Section 36 (6) (a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 mandates that all applications under clauses (a), (b), (c), (e), (f) and (h) of sub-section (2) of Section 21 shall be decided within 90 days of filing of application to the Rent Court. Hence, it is clear that Section 36 (6) (a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 fixes certain limit for disposal of the Petitions filed under clauses (a), (b), (c), (e), (f) and (h) of sub-section (2) of Section 21.

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5.Therefore, the Learned District Munsif cum Judicial Magistrate, Sriperumbudur is directed to follow the time lines provided in the aforesaid Act and dispose the R.L.T.O.P.No.3 of 2020 as expeditiously as possible on merits and in accordance with law.

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6.With these observations, this Civil Revision Petition is disposed of. No costs.

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Sd/-

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Assistant Registrar (CS-VI)

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//True Copy//

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Sub Assistant Registrar

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The District Munsif cum Judicial Magistrate, Sriperumbudur.

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C.R.P.No.2146 of 2021

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NMI(CO) GN(20/10/2021)

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

Vijayalakshmi Sridhar v. G.Ravishakar

Case brief

What is this about?

What did the court decide?

Vijayalakshmi Sridhar v. G.Ravishakar

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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