Madras High Court
Mr.P.R.Harinath Babu vs M/S Viswapriya (India) Ltd on 12 July, 2019
Author: R.Subramanian
Bench: R.Subramanian
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2019
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.550 of 2017
Mr.P.R.Harinath Babu,
Residing at “SREE SAI RAM NILAYAM”
Door N-21/RH IV, Sector-7,
Vashi, Navi Mumbai – 400 703. ... Plaintiff
Vs.
M/s Viswapriya (India) Ltd., previously known as,
M/s.Viswapriya Financial Services and Securities Limited,
Represented by its Director Mr.R.Subramanian,
Having Office at SREE SAI VENKATA NILAYAM,
New Door No.75 C; Old Door No.33 C,
II Main Road, III Cross Street,
Gandhi Nagar, Adyar, Chennai – 600 020 ... Defendant
Plaint filed under Order IV Rule 1 of Original Side Rules read with
Section 26 and Order VII Rule 1 of C.P.C. praying to pass a judgment and
decree:
(a) to pay a sum of Rs.1,91,16,000/-, with subsequent
interest as may be determined by the Hon'ble Court,
(b) to pay the costs of the suit,
(c) to pass such further or other suitable orders as this
Hon'ble Court deems fit and proper in the circumstances of the
http://www.judis.nic.in
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case.
For Plaintiff : Mr.R.Swaminathan
For defendants : Set exparte
JUDGMENT
The suit is one for recovery of money, which is a difference between the admitted rent and the fair rent fixed by the Court.
2. Plaintiff had filed R.C.O.P.No.243 of 2015 under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, seeking fixation of fair rent for the premises occupied by the defendant. By an order dated 26.02.2016, the rent controller fixed the fair rent at Rs.6,93,000/-(Rupees Six Lakh and Ninety Three Thousand only) per month. The said order has become final. Subsequently, the plaintiff has also filed R.C.O.P.No.267 of 2015, seeking eviction on the grounds of willful default and other grounds. Pending the said rent control original petition in R.C.O.P.No.267 of 2015, the plaintiff had filed M.P.No.266 of 2015 under Section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, seeking to stop further proceedings. By an order dated 08.11.2016, the said petition was allowed and the respondent was directed to deposit the arrears of rent at the rate of Rs.45,000/-(Rupees Forty Five Thousand only) per month and since the http://www.judis.nic.in 3 conditional order was not complied with, eviction was ordered on 09.01.2017. The plaintiff therefore claims the difference in rent as well as the agreed rent to the tune of Rs.1,91,16,000/-(Rupees One Crore Ninety One Lakh and Sixteen Thousand only) in the present suit. Despite service, the defendant has not appeared. The defendant has been called absent and set exparte. The matter is posted before learned Additional Master for recording of evidence. The plaintiff has been examined as P.W.1. He has filed proof affidavit reiterating the averments made in the plaint. He has also produced the following documents.
S.No. Date Particulars of Document Remark 1 26-02-2016 Decreetal order in Certified Copy R.C.O.P.No.243 of 2015 (Ex.P1) 2 26-02-2016 Order R.C.O.P.No.243 of 2015. Certified Copy (Ex.P2) 3 08-11-2016 Decreetal order in M.P.No.266 Certified Copy of 2015 in R.C.O.P.No.267 of 2015 (Ex.P3) 4 08-11-2016 Order in M.P.No.266 of 2015 in Certified Copy R.C.O.P.No.267 of 2015 (Ex.P4) 5 01-05-2017 Plaintiff send to notice to Office Copy Defendants (Ex.P5) 6 03-05-2017 Postal Acknowledgment card Original proof of Service of Notice (Ex.P6)
3. A perusal of the pleadings, plaintiff's proof affidavit as well as the documents shows that the suit claim is a statutory liability, and the http://www.judis.nic.in 4 defendant is liable to answer the same.
4. Hence, the suit is decreed as prayed for with interest at 9% per annum from the date of plaint till date of realisation. No costs.
12.07.2019
kak
Index :No
Internet : Yes
Non-Speaking Order
List of the witnesses examined on the side of the plaintiff:
PW1 - P.R.Harinath Babu List of Exhibits marked on the side of the plaintiff:
S.No. Date Particulars of Document
1 26-02-2016 Decreetal order in R.C.O.P.No.243 of 2015 (Ex.P1)
2 26-02-2016 Order R.C.O.P.No.243 of 2015. (Ex.P2) 3 08-11-2016 Decreetal order in M.P.No.266 of 2015 in R.C.O.P.No.267 of 2015 (Ex.P3) 4 08-11-2016 Order in M.P.No.266 of 2015 in R.C.O.P.No.267 of 2015 (Ex.P4) 5 01-05-2017 Plaintiff send to notice to Defendants (Ex.P5) 6 03-05-2017 Postal Acknowledgment card proof of Service of Notice (Ex.P6) 12.07.2019 kak http://www.judis.nic.in 5 R.SUBRAMANIAN, J.
kak C.S.No.550 of 2017 12.07.2019 http://www.judis.nic.in