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Thangavelu Vs. Arumugha Pandithar - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai High Court
Decided On
Reported in(1962)2MLJ24
AppellantThangavelu
RespondentArumugha Pandithar
Cases ReferredPeria Maria Gounder v. Ramaswami Gounder
Excerpt:
- - the rent court declined to set aside the ex parte order, as it was not satisfied that the landlord was prevented by sufficient cause from appearing in court......date, and the court, after considering the evidence adduced on behalf of the tenant, fixed the fair rent ex parte. the landlord thereupon filed an application under rule 4 (g) of the madras cultivating tenants (payment of fair rent) rules, 1956, for setting aside the ex parte order. the rent court declined to set aside the ex parte order, as it was not satisfied that the landlord was prevented by sufficient cause from appearing in court. the landlord thereupon took up the matter in appeal to the rent tribunal, which came to a different conclusion. it held that there was sufficient excuse for the landlord to be absent on the date of the hearing, and accordingly set aside the ex parte order, fixing fair rent. this revision petition is filed against the order of the rent tribunal.2. mr......
Judgment:

S. Ramachandra Iyer, C.J.

1. This Revision Petition is filed by a tenant of the respondent. The tenant filed an application for fixation of fair rent under the provisions of Act (XXIV of 1956). The application was posted before the Rent Court for 21st December, 1958. The landlord was absent on that date, and the Court, after considering the evidence adduced on behalf of the tenant, fixed the fair rent ex parte. The landlord thereupon filed an application under Rule 4 (g) of the Madras Cultivating Tenants (Payment of Fair Rent) Rules, 1956, for setting aside the ex parte order. The Rent Court declined to set aside the ex parte order, as it was not satisfied that the landlord was prevented by sufficient cause from appearing in Court. The landlord thereupon took up the matter in appeal to the Rent Tribunal, which came to a different conclusion. It held that there was sufficient excuse for the landlord to be absent on the date of the hearing, and accordingly set aside the ex parte order, fixing fair rent. This Revision Petition is filed against the order of the Rent Tribunal.

2. Mr. S. Palaniswami, appearing on behalf of the tenant contends that the Rent Tribunal (District Munsif) had no jurisdiction to set aside the order of the Rent Court on the ground that no appeal would lie under Section 9(2) of the Fair Rent Act against the order of the Rent Court, declining to set aside the ex parte order. Section 9(2) states that an appeal would lie to the Rent Tribunal from every decision of the Rent Court. It has been held that the words ' every decision ' refers only to the final decision affecting rights of parties. In Santhanam Iyer v. Somasundara Vanniar : (1958)1MLJ400 . Somasumdaram, J., held that an appeal would not lie against an order refusing to permit the filing of an additional counter-affidavit. In a more recent case Peria Maria Gounder v. Ramaswami Gounder (1952) 1 M.L.J. 106, I held that no appeal lay to the Rent Tribunal from the determination of a preliminary issue by the Rent Court. It is contended for the petitioner that the decision declining to set aside an ex parte order cannot be said to be a final order so as to entitle the aggrieved party to appeal against it. I am unable to agree. When the Rent Court declined to set aside the ex parte order,, it was a final order so far as that Court was concerned; the order undoubtedly affects the rights of parties, for, if the order were to exist, the landlord will have to submit to the existing order fixing the fair rent. ' Final order' does not mean that the order should be on the fair rent application itself, an order which declines to set aside an ex parte order will certainly be a decision of the Court within Section 9(2) of the Act. I am therefore of opinion that the Rent Tribunal had jurisdiction to entertain the appeal against the order of the Rent Court and that its interference in the matter is justified.

3. The civil Revision Petition fails and it is dismissed with costs.


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