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2013 DIGILAW 2338 (MAD)

C. Neelam v. Litty Jesudoss

2013-07-05

K.RAVICHANDRA BAABU

body2013
JUDGMENT :- 1. This Civil Revision Petition is filed challenging the order passed by the Court below under Section 11 (3) & (4) of the Tamil Nadu Building (Lease and Rent) Control Act, whereby the Court below has directed the respondent / tenant to pay a sum of Rs.50,000/- being rental arrears to the petitioner herein as against the claim of Rs.3,00,000/- being the arrears of rent from December 2011 to July 2012 at the rate of Rs.37,500/-. 2. Though notice was served on the respondent, she is not present in this Court either in person or through counsel. On the other hand, her name is printed on the cause list. 3. The grievance of the petitioner is that even though the tenant is in arrears to the tune of Rs.4,87,500/- upto December 2012, the Court below has directed payment of Rs.50,000/- only by taking note of the advance amount lying in the hands of the petitioner / landlord. Learned counsel for the petitioner submitted that at the time of considering the application under Section 11 (3) & (4) of the Tamil Nadu Building (Lease and Rent) Control Act, the advance amount lying in the hands of the petitioner / landlord could not be taken into consideration, therefore, the Court below ought to have directed the tenant to pay the entire arrears. 4. I have considered the submissions made by the learned counsel for the petitioner. 5. The Court below has taken into consideration of the fact that the petitioner / landlord is having an amount of Rs.3,62,500/- as excess advance amount and after giving deduction to such amount, it has come to the conclusion that only Rs.50,000/-is arrears payable by the respondent / tenant to the petitioner. Accordingly, the said order order was passed. The Court below has taken note of certain decisions made by the Apex Court as well as by this Court in this regard. 6. It is only an application under Section 11 (3) & (4) of the Tamil Nadu Building (Lease and Rent) Control Act, directing the tenant to deposit rental arrears. Accordingly, the said order order was passed. The Court below has taken note of certain decisions made by the Apex Court as well as by this Court in this regard. 6. It is only an application under Section 11 (3) & (4) of the Tamil Nadu Building (Lease and Rent) Control Act, directing the tenant to deposit rental arrears. Certainly, the dispute between the parties with regard to quantum of arrears and the period of arrears have to be ultimately gone into and decided by the Appellate Court by taking note of the rival pleadings and evidence let in by both the parties and also by considering the order passed by the learned Rent Controller. 7. Therefore, without expressing any opinion on the order passed by the Court below, I only direct the Appellate Court to take up main appeal itself and dispose of the same within a period of 30 days from the date of receipt of a copy of this order. 8. With these observations, this Civil Revision Petition is disposed of. No costs. Consequently, connected M.P. Is closed.