Citation : 2021 Latest Caselaw 21423 Mad
Judgement Date : 26 October, 2021
C.R.P.(PD)No.563 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.10.2021
CORAM:
THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN
C.R.P.(PD). No.563 of 2021
and C.M.P.No.4785 of 2021
(Through Video Conference)
G.R.Madhankrishnan ...Petitioner
Versus
M. Manohar ...Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution
of India to set aside the Judgment and Decree dated 16.12.2020 made in
R.C.A.No.12 of 2018, on the file of the learned VIII Judge, Small Causes
Court, Chennai modifying the fair and decretal order dated 27.11.2017 in
R.C.O.P.No.100 of 2013 on the file of the learned XII Judge, Small Causes
Court at Chennai.
For Petitioner : Mr.M.Kamalanathan
For Respondent : Mr.R.Karunakaran
*****
ORDER
This Civil Revision Petition is filed challenging the order passed in
R.C.A.No.12 of 2018 on the file of the learned VIII Judge, Small Causes Court,
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C.R.P.(PD)No.563 of 2021
Chennai modifying the fair and decreetal order dated 27.11.2017 in
R.C.A.No.100 of 2013 on the file of the learned XII Judge, Small Causes
Court, Chennai. R.C.O.P.No.100 of 2013 was filed for fixing the fair rent for
the petition premises.
2. The learned Rent Controller Appellate Authority fixed the fair rent at
Rs.36,160/- per month and that was modified in the Appeal at Rs.24,190/- per
month. Against the judgment of the learned Rent Controller Appellate
Authority, the petitioner/tenant preferred this revision. Pending this revision
petition, the parties have entered into a comprise and filed a Joint Memo of
Compromise and as per the said Joint Compromise Memo, the parties have
arrived at a settlement and the fair rent for the petitioner premises is to be fixed
at Rs.20,000/- (Rupees Twenty Thousand only) per month from the date of
filing the R.C.O.P.No.100 of 2013. It is also agreed that the petitioner shall pay
the accrued arrears of rent within three months from the date of the order in this
civil revision petition, adjusting the rent already paid.
3. In view of the compromise reached between the parties, the fair rent
for the petition premises is fixed at Rs.20,000/- (Rupees Twenty Thousand
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C.R.P.(PD)No.563 of 2021
only) per month from the date of filing the R.C.O.P.No.100 of 2013. The
petitioner is directed to pay the accrued arrears of fair rent within a period of
three months, from today, after adjusting the rents already paid.
4. Accordingly, this Civil Revision Petition is Disposed of. No costs.
Consequently, connected miscellaneous petition is closed. It is needless to
mention that the Joint Compromise Memo shall form part of the order.
26.10.2021
Note: Issue Order Copy on 01.11.2021
Index: Yes/ No Speaking Order / Non-Speaking Order
sts/jai
To:
1) The VIII Judge, Small Causes Court, Chennai.
2) The XII Judge, Small Causes Court, Chennai.
________ http://www.judis.nic.in
C.R.P.(PD)No.563 of 2021
G.CHANDRASEKHARAN, J.,
sts
Order made in C.R.P.(PD). No.563 of 2021
Dated:
26.10.2021
________ http://www.judis.nic.in
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