Dismissed

A.Mohandoss v. Manju Bai

Madras HC8 Nov 2024CRP/1773/2024

Case brief

AI extract

What is this about?

Civil revision petitions challenging eviction orders based on wilful default and own occupation. The Court held that the tenant's conduct, including protracting litigation and failing to pay rent without justification, established wilful default. The Court exercised powers under Article 227 to direct immediate vacation of premises to prevent further delays.

What did the court decide?

Petitioner directed to vacate premises within two months; Commissioner of Police directed to execute eviction if petitioner fails to comply.

A.Mohandoss Vs Manju Bai — Landlord and Tenant | Madras HC (2024)

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CRP.Nos.1773 & 1775 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.11.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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C.R.P.(NPD).Nos.1773 & 1775 of 2024 and C.M.P.Nos.9363 & 9370 of 2024

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A.Mohandoss .. Petitioner in both CRPs

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Versus

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1.Manju Bai 2.P.Vikash Kumar .. Respondents in both CRPs

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Common Prayer:- Civil Revision Petitions filed under Article 227 of the Constitution of India, to set aside the judgment and decree dated 07.02.2024 passed in RCA.Nos.11 and 12 of 2022 on the file of learned IX Judge, Small Causes Court, Chennai and the fair and decretal order dated 30.11.2021 passed in RCOP.Nos.1317 & 1318 of 2015 by the learned Rent Controller, XIII Judge, Small Causes Court, Chennai and dismiss the petition in RCOP.Nos.1317 & 1318 of 2015.

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In both CRPs

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For Petitioner : Mr.G.S.Mani For Respondent : Mr.H.Kushal Kumar Sancheti

S. No	Case No.	Against	Court	Result
1.	RCASR No.8521/2016	MP No.31/2016 to decide point of Maintainability	VII Court of Small Causes, Chennai	Dismissed as not maintainable.
2.	RCASR No.8516/2016	MP No.32/2016 to decide point of Maintainability	VII Court of Small Causes, Chennai	Dismissed as not maintainable.
3. 4.	CRP.Nos.708/2 017 & 709 of 2017	Against S.No.1 & 2	High Court, Madras	Disposed off by an order dated 07.03.2017 with a observation to dispose off RCOP within 3 months.
5.	RCA No.371/2019	Against MPSR No.16011/2019 to decide jural relationship	VII Court of Small Causes, Chennai	Dismissed on 09.11.2020

S. No	Case No.	Against	Court	Result
6.	RCA No.372/2019	Against MPSR No.16012/2019 to decide jural relationship	VII Court of Small Causes, Chennai	Dismissed 11.11.2020	on
7. 8.	CRP.Nos.708/2 017 & 709 of 2017	Against MP No.484/2019 & 485/2019 to stay RCA Nos.371/2019 & 372/2019	High Court, Madras	Dismissed 06.02.2020	on
9.	Unnumbered RCASR No.1739/2020	Against MPSR No.78515/2019 to recall order dated 08.11.2019	VII Court of Small Causes, Chennai	Dismissed 18.11.2020	on
10.	Unnumbered RCASR No.1740/2020	Against MPSR No.78514/2019 to recall order dated 08.11.2019	VII Court of Small Causes, Chennai	Dismissed 18.11.2020	on
11. 12.	CRP Nos.716 & 717/2021	Against RCASR Nos.1739/2020 & 1740/2020 challenging stage of RCOP as respondent side arguments	High Court, Madras	Dismissed 20.04.2021	on
13.	TROP No.25/2021	RCOP Nos.1317/2015 & 1318/2015 allegation against presiding rent controller on the ground of bias	Chief Judge, Court of Small Causes, Chennai	Dismissed 27.04.2021	on
14.	RCASR No.2071/2021 RCA	Against MP No.3/2020 in RCOP	IX Court of Small Causes, Chennai	Appeal Numbered Appeal	now. filed

S. No	Case No.	Against		Court	Result
	No.127/2021	No.1318/2015			though orders in RCASR Nos.1739/2020 & 1740/2020 is binding. (Serial Number 9 & 10 above) and confirmed till Supreme Court as per serial 18 & 19.
15.	RCASR No.2070/2021 RCA No.125/2021	Against No.2/2020 RCOP No.1317/2015	MP in	IX Court of Small Causes, Chennai	Appeal Numbered now. Appeal filed though orders in RCASR Nos.1739/2020 & 1740/2020 is binding. (Serial Number 9 & 10 above) and confirmed till Supreme Court asper serial 18.
16.	RCASR No.2073/2021 RCA No.128/2021	Against No.3/2020 RCOP No.1317/2015	MP in	IX Court of Small Causes, Chennai	Appeal Numbered now. Appeal filed though orders in RCASR Nos.1739/2020 & 1740/2020 is binding. (Serial Number 14 & 15 above) and confirmed till

S. No	Case No.	Against	Court	Result
				Supreme Court asper serial 18.
17.	RCASR No.2072/2021 RCA No.126/2021	Against MP No.2/2020 in RCOP No.13182015	IX Court of Small Causes, Chennai	Appeal Numbered now. Appeal filed though orders in RCASR Nos.1739/2020 & 1740/2020 is binding. (Serial Number 14 & 15 above) and confirmed till Supreme Court as per serial 18 & 19.
18. 19.	SLP Nos.9680 & 9681/2021	Against Serial Number 11 & 12	Supreme Court	Dismissed on 20.07.2021.
20.	CRP No.1762/2021	Against Serial No.13	High Court, Madras	Dismissed on 25.08.2021.
21. 22.	CRP.Nos.4867 and 4910 of 2023	Against MP.No.2 of 2023 in RCA Nos.11 & 12 of 2022	High Court, Madras	Dismissed on 21.12.2023.
23. 24.	SLP.Nos.13888- 13889 of 2020	Against serial 7 and 8	Supreme Court	Posted before Lok Adalat-but has become infructuous
25. 26.	RCA.Nos.11 and 12 of 2022	Against RCOP.Nos.1317 & 1318 of 2015	Small Causes Court, Chennai	Dismissed on 07.02.2024.

S. No	Case No.	Against	Cou	rt	Result
1.	OS.No.6129 of 2016	For perpetual Injunction not to interfere with possession.	XI Asst Civil Chennai	. City Court,	Suit dismissed on 01.10.2018.
2.	AS.No.128 of 2016	Against S.No.1	XVI Addition City Court, Chennai	al Civil	Appeal dismissed on 25.09.2019
3.	CS No.266/2017	Suit for specific performance.	High Madras	Court	Renumbered as OS No.2169/2019 and transferred to XVIII Addl. City Civil Court, Chennai due to pecuniary jurisdiction
4. 5. 6.	OSA No.127/2017 OSA No.128/2017 OSA No.129/2017	Against applications dismissed in CS No.266/2017	High Madras.	Court	Disposed of by consent order on 10.07.2017 to dispose of suit within 3 months from 10.07.2017. Still the stage of suit is same.
7. 8. 9.	SLP No.19748/20 17 SLP No.19749/20 17 SLP No.19750/20 17	Against serial No.4, 5, 6	Supreme Court		Dismissed on 11.08.2017.

S. No	Case No.	Against	Court	Result
10. 11. 12.	Review SR Nos.67110/2 017, 67105/2017, 67143/2017	Against serial No.4, 5, 6	High Court, Madras	Dismissed 01.08.2018.	on
13. 14. 15.	SLP No.28696/2018 SLP No.28697/2018 SLP No.28698/2018	Against serial No.10, 11, 12	Supreme Court	Dismissed 31.10.2018.	on
16.	SA No.507/2021	Against serial 2	High Court, Madras	Allowed 09.07.2021	on

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What did the court decide?

What the court decided

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