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2010 DIGILAW 3454 (MAD)

K. v. S. Nagarajan VS G. V. Shyamsundar

2010-08-11

G.RAJASURIA

body2010
Judgment :- 1. Inveighing the order dated 24.06.2010 passed in MP No.417 of 2009 in RCA No.184 of 2009 by the VIII Court of Small Causes, Chennai, this civil revision petition is focussed. 2. Heard both sides. 3. Compendiously and concisely, the relevant facts absolutely necessary and germane for the disposal of this revision would run thus: The respondents herein filed RCOP No.327 of 2008 before the learned Rent Controller on the ground of willful default on the part of the tenant in paying the rent. After contest, the learned Rent Controller ordered eviction as against which the tenant preferred RCA No.184 of 2009, which is now pending before the appellate authority. While so, the landlords filed application under Section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act]. In that the appellate authority passed the impugned order directing the tenant to pay the arrears of rent within the specified date. Being aggrieved by and dissatisfied with the same, this revision has been filed on various grounds. 4. The learned counsel for the revision petitioner/tenant reiterating the grounds of revision would put forth and set forth his arguments thus: The tenant separately filed one RCOP No.2068 of 2006 invoking Section 8(5) of the Act and has been depositing the rent. While so, the learned appellate authority was not justified in passing an order ignoring such deposit in Court, and directing the revision petitioner to deposit once again the said amount in the Court within the date fixed. According to the learned counsel for the revision petitioner, there cannot be any double payment. 5. Per contra, the learned counsel for the respondents/landlords would submit that the revision petitioner despite knowing the respondents long ago, even anterior to the filing of RCOP No.2068 of 2006, as owners of the demised premises, deliberately in order to put them in difficulty and discomfiture, did choose to deposit the rents in that manner and he has to withdraw that amount from the Court deposit and pay it to the respondents herein. 6. 6. On hearing the submissions from the side of the learned counsel for the respondents, the learned counsel for the petitioner would make a categorical submission that this Court might permit him to withdraw the amount which he deposited all along in RCOP No.2068 of 2006 and pay the same to the respondents herein and that he would comply with the same aptly without prejudice to the tenants contention that the tenant did not commit any default in payment of rent. Hence in view of the submissions made on ether side, I would like to dispose of the revision petition by passing the following order: The revision petitioner herein is permitted to withdraw the amounts so far deposited by him in RCOP No.2068 of 2006 from the Court concerned and pay the same in the form of Demand Draft to the respondents herein within a period of one week after withdrawal of the amount. Such application for withdrawal shall be filed within a week. The Rent Control Court which is having that amount in the Court deposit in RCOP No.2068 of 2006 shall see that the amount is released in favour of the revision petitioner within a period of two weeks from the date of filing of the application without any further notice to any of the parties in RCOP No.2068 of 2006 as according to both side Advocates herein there is no rival claim over it. 7. The learned counsel for the respondents would make an extempore submission that a time limit may be fixed for the disposal of the RCA. I could see considerable force in the submission made by the learned counsel for the respondents. Accordingly, the appellate authority is directed to dispose the RCA within a period of six months from the date of receipt of a copy of this order. Accordingly, the order of the lower Court stands modified. No costs. Consequently, connected miscellaneous petition is closed.