Mansoor Ahmed vs Senthil Kumar
2022 Latest Caselaw 7258 Mad

                                                                                 C.R.P(NPD)No.1010 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 06.04.2022

                                                        CORAM:

                                            Mr. JUSTICE N.SESHASAYEE

                                              C.R.P(NPD)No.1010 of 2022
                                              and C.M.P.No.5223 of 2022


                  Mansoor Ahmed                                                 ... Petitioner

                                                           Vs.


                  Senthil Kumar
                  S/o.Nataraj                                                   ...Respondent


                  PRAYER: The Civil Revision Petition is filed under Article 227 of
                  Constitution of India, to set aside the judgment and decree dated 25.02.2022
                  in C.M.A.No.4 of 2021 passed by the learned Subordinate Judge, Palladam,
                  Tiruppur District confirming the order dated 01.11.2021 passed in I.A.No.2 of
                  2020 in R.C.O.P. No.1 of 2018 on the file of Rent Controller cum District
                  Munsiff Court, Palladam, Tiruppur District and allow the Civil Revision
                  Petition.


                                   For Petitioner           : Mr.S.Gunaseelan

                                   For Respondent           : Mr.M.Sathish Kumar



                  Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                              C.R.P(NPD)No.1010 of 2022


                                               ORDER

Challenging an order dismissing the application of the tenant in an

application to set aside the exparte order of eviction, the tenant has preferred

C.M.A. before the first appellate Court instead of R.C.A. before the Rent

Control Appellate Authority. However, the Appellate Court itself is a

Tribunal, but it entertained the C.M.A.No.4 of 2021 and dismissed the same,

and one of the grounds which it says is that it should have preferred an appeal

under the Rent Control Act, and not an appeal under Order 41 C.P.C. This is

a matter which even the learned Sub Judge could have corrected and required

his Registry to correct it, but he took all the time to hear the matter to

pronounce an order which at the end of the day appears to be a waste of his

judicial time.

2.This Court therefore sets aside the order passed in C.M.A.No.4 of 2021,

remands the matter back to the Appellate Court which is now directed to take

the appeal as an appeal under the Tamil Nadu Buildings (Lease and Rent

Control) Act, 1960 and post it before the Appellate Tribunal for adjudication

as per law, and till that exercise is complete and R.C.A. is moved before the

Appellate Authority there will be an order of stay of execution.

https://www.mhc.tn.gov.in/judis C.R.P(NPD)No.1010 of 2022

3.The entire exercise must be completed within a period of fifteen (15) days

and the Rent Control Appeal must be posted before a Court on or before

28.04.2022.

4.Revision is disposed of accordingly in the manner indicated above at the

admission stage itself. Consequently, the connected miscellaneous petition is

closed. No costs.

06.04.2022 kas

Note: Office to Issue order copy on 07.04.2022.

To.

1. The Subordinate Court Palladam, Tiruppur District

2.The Rent Controller cum District Munsiff Court Palladam Tiruppur District

https://www.mhc.tn.gov.in/judis C.R.P(NPD)No.1010 of 2022

N.SESHASAYEE, J.,

kas

C.R.P(NPD)No.1010 of 2022 and C.M.P.No.5223 of 2022

06.04.2022

https://www.mhc.tn.gov.in/judis