Madras High Court
Mr.V.Krishna Iyer vs P.P.Sathyabama on 16 April, 2019
Author: P.T.Asha
Bench: P.T.Asha
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.04.2019
CORAM
THE HON'BLE Ms. JUSTICE P.T.ASHA
C.R.P.No.1377 of 2019
Mr.V.Krishna Iyer ...Petitioner
Vs
1.P.P.Sathyabama
2.A.Muralidharan
3.A.Ravindran
4.A.Ramadevi
5.A.Haridas ... Respondents
PRAYER: Civil Revision Petition is filed under Section 25 of the Tamil Nadu
Buildings (Lease and Rent Control) Act, 1960 to set aside the order passed in
R.C.O.P.S.R.No.87537 of 2018 dated 19.02.2019 by the X Judge, Small
Causes Court at Chennai by allowing this Civil Revision Petition.
For Petitioners : Mr.A.K.Raghavalu
For Respondents : Mr.A.Saravanan
ORDER
The above Civil Revision Petition is filed challenging the order passed in un-numbered RCOP.SR.No.37537/2018 is filed under Section 9(3) of the http://www.judis.nic.in 2 Tamil Nadu Buildings (Lease and Rent Control) Act, seeking permission to deposit the arrears of the differenetial amount between the contractual monthly rent and fair rent fixed by this Court in order dated 06.07.2018 in C.R.P.Nos.1406 and 1854 of 2010. It is also seen from the papers that lodgment schedule was filed on 12.09.2018, which was returned with an endorsement to produce the order under which the respondents were seeking for a rental amount. The RCOP.SR.No.87537 of 2018 which is the subject matter of the revision petition has been dismissed, on the ground that the same is not maintainable as there is no claim or any doubt about the owner of the property.
2. Be that as it may, considering the fact that the revision petitioner had earlier attempted to deposit the amount by filing the lodgment schedules, this Court deems it fit to clarify the order dated 06.07.2018, by making the following observations:
37. In the result, RCA No.777-08 is partly allowed without cost and the order and decree of the Learned Rent Controller (XIV Judge Court of Small Causes, Chennai) dated 20.10.08 passed in RCOP.No.370-08 is modified. The fair rent for the petition premises is fixed at Rs.27,000/- p.m from the date of filing of RCOP.The respondents shall deposit/pay the arrears of the difference between the original rent and the fair rent on or http://www.judis.nic.in 3 before 26.04.2019 and continue to deposit/pay the future rents.
16/04/2019 ssb Index:Yes/No Internet:Yes/No Speaking Order/Non-speaking Order Note: Issue Order Copy on 16.04.2019 P.T.ASHA,J., http://www.judis.nic.in 4 ssb C.R.P.No.1377 of 2019 16.04.2019 http://www.judis.nic.in