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2011 DIGILAW 4361 (MAD)

M. Kabilan Manoharan v. P. V. Balachandran

2011-10-31

R.SUDHAKAR

body2011
JUDGMENT :- 1. This Civil Revision Petition is filed challenging the Order and Decretal Order dated 23.2.2011 passed in M.P.No.466 of 2010 in R.C.A.No.413 of 2009 by the Appellate Authority (VIII Small Causes Court), Chennai. 2. The respondent/landlord filed Rent Control Original Petition No.1540 of 2008 before the Rent Controller for eviction on the ground of owner's occupation and that came to be allowed. An appeal was filed in R.C.A.No.413 of 2009 before the Appellate Authority (VIII Small Causes Court), Chennai.. The respondent/landlord filed M.P.No.466 of 2010 under Section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act to direct the revision petitioner/tenant to pay the arrears of the rent for the period from May, 2009 till the date of the application, failing which eviction may be ordered and the Rent Control Appeal should be dismissed. 3. The Appellate Authority considering the scope of Section 11(4) of the Act and also taking note of the default in payment of rent and after going through the calculation given by the respective parties came to the conclusion that the revision petitioner/tenant was in default in payment of rent and consequently, the M.P.No.466 of 2010 was allowed and the revision petitioner/tenant was directed to pay or deposit the monthly rent for the period from May 2009 to February, 2011 in a sum of Rs.8,000/- per month which comes to Rs.1,76,000/- on or before 8.3.2011, failing which, it was ordered that the proceedings in the appeal will be stopped and the eviction will be ordered. Thereafter, the order passed in M.P.No.466 of 2010 was not complied with even as on 8.3.2011. Therefore, on 22.3.2011, the proceedings were stopped and eviction was ordered. Challenging the same, the revision petition is filed. 4. This Court at the time of admission, by order dated 22.6.2011 while granting an order of interim stay, directed the revision petitioner/tenant to pay a sum of Rs.88,000/-towards arrears of rent without prejudice to the claim of both parties and also the regular rent directly to the respondent/landlord or deposit the same before the Court below within a period of four weeks, failing which it was ordered that the interim stay shall stand automatically vacated. 5. Today when the matter is listed before this Court, learned counsel for the revision petitioner/tenant states that the revision petitioner has complied with the order of this Court and there is no arrears of rent. 5. Today when the matter is listed before this Court, learned counsel for the revision petitioner/tenant states that the revision petitioner has complied with the order of this Court and there is no arrears of rent. Learned counsel for the respondent/tenant confirms the said submission. Therefore, in order to provide substantial justice to either parties, the Civil Revision Petition deserves to be allowed. 6. In view of the above, the order of the Court below passed in M.P.No.466 of 2010 in R.C.A.No.413 of 2009 ordering eviction is set aside and the Rent Control Appeal is directed to be disposed of on merits within a period of eight weeks from the date of receipt of a copy of this order. The Civil Revision Petition is ordered as above. No costs. Consequently, connected miscellaneous petition is closed.