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S. Haji Mohammed Vs. K. Selvaraj and Another - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.R.P(PD)(MD)Nos. 2042 & 2043 of 2016
Judge
AppellantS. Haji Mohammed
RespondentK. Selvaraj and Another
Excerpt:
.....and 4 of 2014, on the file of the principal district munsif, kumbakonam.) common order 1. these civil revision petitions are filed seeking a direction to the principal district munsif, kumbakonam, to dispose of r.c.o.p.nos.3 and 4 of 2014, within the time frame fixed by this court. 2. according to the petitioner, the respondent in c.r.p.no.2042 of 2016 is a tenant of shop nos.202 and 203 for 15 years, for a monthly rent of rs.700/- and failed to pay the rent for the past five years. hence the petitioner has filed r.c.o.p.no.3 of 2014 under section 10(2)(1) and 14(1)(b) of the tamil nadu buildings (lease and rent control act) 28 /1960. 3. the respondent in c.r.p.no.2043 of 2016 is a tenant of shop nos. 102, 116, 117, 118 and 119 for 15 years, for a monthly rent of rs.3,050/- and failed.....
Judgment:

(Common Prayer: Civil Revision Petitions filed under Article 227 of the Constitution of India, praying this Court to expedite the proceedings in R.C.O.P.Nos.3 and 4 of 2014, on the file of the Principal District Munsif, Kumbakonam.)

Common Order

1. These Civil Revision Petitions are filed seeking a direction to the Principal District Munsif, Kumbakonam, to dispose of R.C.O.P.Nos.3 and 4 of 2014, within the time frame fixed by this Court.

2. According to the Petitioner, the respondent in C.R.P.No.2042 of 2016 is a tenant of shop Nos.202 and 203 for 15 years, for a monthly rent of Rs.700/- and failed to pay the rent for the past five years. Hence the Petitioner has filed R.C.O.P.No.3 of 2014 under Section 10(2)(1) and 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control Act) 28 /1960.

3. The respondent in C.R.P.No.2043 of 2016 is a tenant of shop Nos. 102, 116, 117, 118 and 119 for 15 years, for a monthly rent of Rs.3,050/- and failed to pay the monthly rent from April 2012 onwards. Hence,the Petitioner has filed R.C.O.P.No.4 of 2014 under Section 10(2)(1) and 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control Act) 28 /1960.

4/Counter affidavit has also been filed by the respondents in both the R.C.O.Ps'. However, several adjournments has been granted by the Court below and the matter is pending for disposal from 2014, without any progress. Hence the Petitioner has come forward with these Civil Revision Petitions for the relief stated supra.

4. Considering the facts and circumstances of the case and in the interest of justice, since the R.C.O.Ps' are pending from the year 2014 for dispsoal , this Court is inclined to pass the following Order:

The Principal District Munsif, Kumbakonam is directed to dispose of R.C.O.P.Nos.3 and 4 of 2014 on merits and in accordance with law, after affording an opportunity of hearing to both sides, as expeditiously as possible.

5. With the above direction, the Civil Revision Petitions are disposed of. No costs.


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