M/s. S. S. P. Washing, represented by its Proprietor, K. Sekar v. Radha Lakshmi
2011-11-23
R.SUDHAKAR
body2011
DigiLaw.ai
Judgment :- 1. This Civil Revision Petition is filed challenging the Order dated 20.9.2011 passed in I.A.No.222 of 2011 in A.S.No.46 of 2011 on the file of the Principal District Judge, Tiruvallur. 2. Respondent/plaintiff filed the suit O.S.No.8 of 2009 before the Sub Court Poonamallee for recovery of vacant possession; arrears of rent at Rs.4,550/-for the month of June, 2008; damages at Rs.52,500/-for the wrongful use and occupation of the suit premies for the months from July to November, 2008 and future damages at Rs.10,500/- per month for the wrongful use and occupation of the suit premises from September, 2008 till date of delivery of the suit premises from the revision petitioner/defendant. The suit was decreed on 20.7.2010 as follows:- (1) The revision petitioner/defendant should vacate and hand over the possession of the suit premises within a month; (2) The revision petitioner/defendant to pay a sum of Rs.4,550/-towards rent for the month of June, 2008; (3) The revision petitioner/defendant to pay a sum of Rs.7,000/- per month towards damages for wrongful use and occupation of the suit premises from July 2008 to November, 2008 and (4) The revision petitioner/defendant to pay a sum of Rs.7,000/- per month from December, 2008 till handing over of the possession of the suit premises. 3. Aggrieved thereby, the revision petitioner/defendant filed appeal A.S.No.46 of 2011 before the Principal District Judge, Tiruvallur, together with I.A.No.222 of 2011 praying stay of the decree and judgment of the trial Court. The I.A.No.222 of 2011 came to be disposed of by granting interim stay subject to condition that the revision petitioner/defendant should pay a sum of Rs.1,77,450/- on or before 20.11.2011. Aggrieved thereby the present revision petition has been filed stating that the condition imposed is onerous. 4. Learned counsel for the revision petitioner/defendant states that the unit is closed on account of the action taken by the pollution control authorities and also due to disconnection of the electricity supply. The revision petitioner/defendant is trying his maximum possible level to restore the unit by making suitable modifications to correct the error pointed out by the statutory authorities. He also states that the revision petitioner/defendant is willing to pay a sum of Rs.1,00,000/-for the purpose of stay of the order of the trial Court. 5.
The revision petitioner/defendant is trying his maximum possible level to restore the unit by making suitable modifications to correct the error pointed out by the statutory authorities. He also states that the revision petitioner/defendant is willing to pay a sum of Rs.1,00,000/-for the purpose of stay of the order of the trial Court. 5. Heard Sri Subba Reddy, learned counsel appearing for the respondent/plaintiff/landlord who states that the rent as determined by the trial Court is for a period of 41 months. Therefore, the landlord is suffering a lot. He also states that if this Court considers the plea of the revision petitioner, the first appellate Court may be directed to dispose of the appeal at an early date. 6. Considering the plea of the revision petitioner/defendant that the unit has been closed due to the proceedings taken by the Pollution Control Board and default in payment of electricity charges due to financial hardship and the plea made by the learned counsel for the respondent/plaintiff that the first appellate Court may be directed to dispose of the appeal at an early date, this Court is inclined to pass the following order:- (i) The revision petitioner/defendant should pay the respondent/plaintiff directly a sum of Rs.1,00,000/- in the following manner:- (a) Rs.50,000/- on or before 30.11.2011 and (b) Another Rs.50,000/-on or before 16.12.2011. (ii) In default of the payment as above, the order of the first appellate Court shall stand. (iii) On payment of the amount as above, the first appellate court is directed to dispose of the appeal within two months thereafter. (iv) The revision petitioner/defendant shall not seek adjournment of the appeal at any cost. 7. The Civil Revision Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.