Madras High Court
M/S.M.R.Garden Services Private ... vs V.Srinivasa Rao on 28 November, 2022
C.R.P. No.3344 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.11.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
C.R.P.No.3344 of 2019
and
C.M.P.No. 21740 of 2019
M/s.M.R.Garden Services Private Limited,
rep. by its Authorised Signatory and
Managing Director Mrs.R.Manju ... Petitioner
Versus
1. V.Srinivasa Rao,
S/o. V.Chidambareswara Rao
2. V.Bharathy,
W/o. V.C.Rao ... Respondents
PRAYER : Civil Revision Petition filed under Sec.25 of Tamil Nadu
Buildings (Lease and Rent Control) Act, 1960 as amended, praying to set
aside the judgment and decree dated 19.07.2019 made in R.C.A.No. 177 of
2017 on the file of VIII Judge, Court of Small Causes (Appellate Authority)
confirming the order of learned XV Judge, Court of Small Causes, Chennai
dated 09.02.2017 made in M.P. No.203 of 2016 in R.C.O.P. No.18 of 2016.
1/5
https://www.mhc.tn.gov.in/judis
C.R.P. No.3344 of 2019
For Petitioner : Mr.P.Chandrasekar
For Respondents : Mr.Uttam Joseph Cheriyan
ORDER
Challenging the impugned order passed in R.C.A.No. 177 of 2017 on
the file of learned VIII Judge, Court of Small Causes, Chennai, the appellant
preferred this Civil Revision Petition.
2. The learned Rent Controller passed an order dated 09.02.2017 in
M.P. No. 203 of 2016 in R.C.O.P. No.18 of 2016 directing the tenant to pay
a sum of Rs.10,50,000/- towards arrears of rent and ordered eviction.
Challenging the said order, the tenant preferred Rent Control Appeal. On
hearing both sides, the learned Rent Control Appellate Authority dismissed
the appeal stating that as there is arrears of rent, the order passed by learned
Rent Controller was confirmed and also held that the tenant has to pay
arrears of rent and also ordered for eviction in R.C.A.No. 177 of 2017 vide
order dated 19.07.2019. Against which, the tenant preferred this Civil
Revision Petition. On hearing both sides, this Court granted a conditional
order dated 16.10.2019 directing him to pay a sum of Rs.40,00,000/- out of
https://www.mhc.tn.gov.in/judis
C.R.P. No.3344 of 2019
alleged arrears of rent of Rs.63,00,000/- in the R.C.O.P. and the same was
complied subsequently. The balance amount was not paid by the tenant
according to the respondent landlords.
3. The learned counsel appearing for the Revision Petitioner
submitted a memo dated 22.11.2022 to the Registry seeking permission to
post the above Civil Revision Petition for withdrawal. Accordingly, the
matter is listed today under the caption "for withdrawal". But, the learned
counsel appearing for respondents/landlords raised objections stating that
the petitioner tenant obtained an order of interim stay, due to which, all
these years, from the year of 2019 onwards, without paying any rent, he
enjoyed the property. So, he strongly objected with regard to the said
withdrawal.
4. On considering the fact that originally, the R.C.O.P. was filed for
eviction for non-payment of rent and subsequently, R.C.A. was also
dismissed. So, as per the order of learned Rent Controller, the premises has
to be vacated and with regard to arrears of rent, the respondents/landlords
have to work out their remedy separately by executing the order. But, on
https://www.mhc.tn.gov.in/judis
C.R.P. No.3344 of 2019
seeing the conduct of revision petitioner, he dragged the proceedings
without paying the rent by obtaining an order of stay, as such, it is not
advisable, which is also taken note of.
5. In such circumstances, this Civil Revision Petition is dismissed as
withdrawn. However, on seeing the conduct of revision petitioner tenant, if
any execution petition is filed, the trial court is directed to dispose the same
within a period of two months from the date of receipt of copy of this order.
No costs. Consequently, the connected C.M.P. stands closed.
28.11.2022
rpp
N.B. : Issue order copy on 29.11.2022
To
VIII Judge,
Court of Small Causes,
Chennai.
https://www.mhc.tn.gov.in/judis
C.R.P. No.3344 of 2019
T.V.THAMILSELVI, J.
rpp
C.R.P. No.3344 of 2019
28.11.2022
https://www.mhc.tn.gov.in/judis
