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2012 DIGILAW 3124 (MAD)

Bonton Software's Private Limited, rep. by its Managing Director v. Dayavathi

2012-07-19

G.RAJASURIA

body2012
Judgment :- 1. Animadverting upon the order dated 13.3.2012 passed by the VIII Small Causes Court, Chennai, in R.C.A.No.274 of 2011 confirming the order dated 28.2.2011 passed by the XI Small Causes Court, Chennai, in R.C.O.P.No.2611 of 2009, this civil revision petition is filed. 2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the Rent Controller. 3. A thumbnail sketch of the germane facts in a few broad strokes can be encapsulated thus: (i) The respondent herein/landlord filed the RCOP No.2611 of 2009 invoking Section 10 (2)(i) and 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act on two grounds, namely, 'wilful default' in paying the rents and 'personal occupation'. (ii) In the meanwhile, application under Section 11(4) of the Act was filed by the respondent herein/landlord, whereupon, the Rent Controller mandated the tenant to deposit the arrears. But that order was not complied with and hence, all the proceedings were stopped and eviction was ordered. The tenant was not given the opportunity to defend the RCOP. (iii) Whereupon the appeal RCA No.274 of 2011 was filed for nothing but to be dismissed by the rent control appellate authority confirming the order of the rent controller. 4. Being aggrieved by and dissatisfied with the orders of both the Courts below, this revision is focussed by the tenant on various grounds. 5. At the hearing, the learned Senior counsel for the revision petitioner/tenant would make a supine submission to the effect that within eight weeks, the entire arrears would be paid to the landlord and thereupon opportunity might be given to the tenant to contest the RCOP. 6. Whereupon the learned counsel for the respondent herein/landlord would submit that such conditional order might be passed in the interest of justice. 7. Taking into account the pro et contra, I am of the view that such an order could be passed. Accordingly eight weeks' time is granted to the tenant to pay the entire arrears and if so paid, the civil revision petition shall stand allowed and the tenant shall have the opportunity to participate in the proceedings RCOP and put forth his defence. If there is any default, then the civil revision petition would get automatically dismissed. Accordingly eight weeks' time is granted to the tenant to pay the entire arrears and if so paid, the civil revision petition shall stand allowed and the tenant shall have the opportunity to participate in the proceedings RCOP and put forth his defence. If there is any default, then the civil revision petition would get automatically dismissed. In the event of the tenant complying with such an order, the RCOP itself shall be disposed of within a period of one month thereafter. 8. The civil revision petition is disposed of accordingly. However, there is no order as to costs. Consequently, connected miscellaneous petition is closed.