Madras High Court
Shanthi Stores vs Gunasundari on 28 April, 2022
C.R.P.(NPD) Nos.1017 & 1019 of 2022
and C.R.P.(NPD) No.476 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2022
CORAM : JUSTICE N.SESHASAYEE
C.R.P.(NPD) Nos.1017 & 1019 of 2022
and C.R.P.(NPD) No.476 of 2020
and C.M.P.Nos.5254 & 5262 of 2022
C.R.P.(NPD) Nos.1017 & 1019 of 2022:
1.Shanthi Stores
Represented by its Partner S.Shankar
S.Bhaskar (died)
2.S.Thillainathan
3.S.Shankar
Respondents 1 to 3 carrying on business at
Old No.302, New No.521,
Poonamallee High Road
Aminjikarai, Chennai – 29. ... Petitioners in
CRP.Nos.1017 & 1019 / 2022
/ Tenants
Vs.
Gunasundari ... Respondent in
CRP.Nos.1017 & 1019 / 2022
/ Landlord
C.R.P.(NPD) No.476 of 2020 :
Gunasundari ... Petitioner / Landlord
Vs.
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD) Nos.1017 & 1019 of 2022
and C.R.P.(NPD) No.476 of 2020
1.Shanthi Stores
Represented by its Partner S.Bhasker
2.S.Bhaskar
3.S.Thillainathan
4.S.Shankar
All respondents carrying on business at
Old No.302, New No.521,
Poonamallee High Road
Aminjikarai, Chennai – 29. ... Respondent / Tenants
Prayer in C.R.P.(NPD) No.1017 of 2022: : Civil Revision Petition filed
under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control)
Act, praying to set aside the fair and decretal order of the learned VIII
Small Causes Judge, dated 19.9.2019 passed in R.C.A.No.137/2014,
modifying the fair and decretal order of the learned XII Small Causes
Judge, dated 10.07.2013 passed in R.C.O.P.No.652/2011, insofar as it is
against the petitioners.
Prayer in C.R.P.(NPD) No.1019 of 2022: : Civil Revision Petition filed
under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control)
Act, praying to set aside the fair and decretal order of the learned VIII
Small Causes Judge, dated 19.9.2019 passed in R.C.A.No225/2015,
confirming the fair and decretal order of the learned XI Small Causes
Judge, dated 10.04.2015 passed in M.P.No.676/2014 in
R.C.O.P.No.391/2014.
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD) Nos.1017 & 1019 of 2022
and C.R.P.(NPD) No.476 of 2020
Prayer in C.R.P.(NPD) No.476 of 2020: : Civil Revision Petition filed
under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control)
Act, praying to set aside the judgment and decree dated 19.9.2019 passed
in R.C.A.No.137/2014 on the file of VIII Judge, Small Causes Court,
Appellate Authority under Rent Control Act at Chennai in modifying the
fair and decretal order dated 10.07.2013 in R.C.O.P.No.652/2011 on the
file of XII Judge, Small Causes Court.
C.R.P.(NPD) Nos.1017 & 1019 of 2022:
For Petitioners : Mr.J.Antony Jesus
For Respondent : Mr.H.Rajasekaran
C.R.P.(NPD) No.476 of 2020 :
For Petitioner : Mr.H.Rajasekaran
For Respondents : Mr.J.Antony Jesus
COMMON ORDER
The dispute is between the landlord and the tenants, which has two
components : (a) a petition for eviction wherein the landlord has been
successful throughout; and (b) RCOP for fixing the fair rent, where the
tenants are enjoying partial success. This has now led to the filing of two
civil revisions petitions by the tenants viz., C.R.P.(NPD) No.1017, which is
filed challenging the order passed in RCA.No.137 of 2014 in modifying the
order in RCOP.No.652 of 2011 in fixing the fair rent; and C.R.P.(NPD)
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD) Nos.1017 & 1019 of 2022
and C.R.P.(NPD) No.476 of 2020
No.1019 of 2022, which is filed against the order of eviction in
R,C.O.P.No.391 of 2014. And, the landlord has preferred C.R.P(NPD)
No.476 of 2020, challenging the order in RCA.No.137 of 2017 in
RCOP.No.652 of 2011 (against which the tenants have filed CRP(NPD)
No.1017 of 2022).
2. Today, three separate memos of compromise have been filed before the
Court, and a statement too is made before the Court that the tenants have
handed over the keys, and the landlord is giving up his claim of differential
fair rent. The statement is recorded.
3. Three memos of compromise filed in Court is recorded. Both sides have
consented to withdraw all the three revisions filed by them, and
accordingly, all the revision petitions are dismissed as withdrawn. No
costs. Consequently, connected miscellaneous petition is closed.
28.04.2022
Index : Yes / No
Internet : Yes / No
Speaking order / Non-speaking order
ds
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD) Nos.1017 & 1019 of 2022
and C.R.P.(NPD) No.476 of 2020
To:
1.The VIII Judge
Small Causes Court
Chennai.
2.The XI Judge
Small Causes Court
Chennai.
3.The XII Judge
Small Causes Court
Chennai.
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD) Nos.1017 & 1019 of 2022
and C.R.P.(NPD) No.476 of 2020
N.SESHASAYEE.J.,
ds
C.R.P.(NPD) Nos.1017 & 1019 of 2022
and C.R.P.(NPD) No.476 of 2020
28.04.2022
https://www.mhc.tn.gov.in/judis
