High Court Madras High Court

R.K.Karupiah Pillai vs A.S.Singaravelan on 18 April, 2009

Madras High Court
R.K.Karupiah Pillai vs A.S.Singaravelan on 18 April, 2009
       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 18/04/2009

CORAM
THE HONOURABLE MR.JUSTICE M.VENUGOPAL

C.R.P.(NPD)(MD)No.144 OF 2009

R.K.Karupiah Pillai             ...Petitioner/Plaintiff/Landlord
		
Vs.

A.S.Singaravelan                ...Respondent/Defendant/Tenant
						
Prayer

Revision Petition filed under Article 227 of the Constitution of India,
to direct the Principal District Munsif Court (Rent Control Court),
Srivilliputhur to dispose the case in E.P.No.1/08 in RCOP.No.9/2000 within the
stipulated period.

!For Petitioner   ... Mr.Jothi Basu
^For Respondent   ... Mr.K.Sudalayandi

:ORDER

The revision petitioner is the owner of the property situated in Door
No.188, Rajaji Road, Srivilliputtur. The Respondent/tenant is in occupation of
the said residential building. It appears that RCOP NO.9/2000 on the file of
the learned Principal District Munsif Court (Rent Control Court), Srivilliputhur
has been filed by the revision petitioner for eviction of the respondent under
section 10(2)(i) and 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent
Control) Act, 1960. On 07.03.2002, the Principal District Munsif Court viz. the
learned Rent Controller, Srivilliputhur has allowed the RCOP No.9/2000
ordering eviction.

2.The respondent/Tenant dissatisfied with the order passed in RCOP No.9 of
2000 has filed R.C.A.No.1 of 2002 and the same has been dismissed by the learned
Appellate authority viz., the Sub Judge, Srivilliputhur on 12.01.2004.
Thereafter, the respondent has filed CRP.No.1057/2004 and the same has been
dismissed by this Court on 27.08.2007 and the E.P.NO.01/08, filed by the
revision petitioner is pending consideration on the file of the learned Rent
Controller viz Principal District Munsif Court, Srivilliputhur.

3. The prayer of the revision petitioner in this revision is that, he is a
senior citizen and he is aged about 75 years and he desires to enjoy the fruits
of the order passed in RCOP NO.9/2000 during his life time and therefore prays
for fixing a time limit for disposal of the E.P.No.1/2008 pending on the file of
learned Principal District Munsif Court (Rent Control Court), Srivilliputhur.

4.Considering the fact that the revision petitioner/landlord is aged about
75 years and that he is a senior citizen, this Court on the basis of Equity,Fair
play and as a matter of prudence directs the executing Court to dispose of the
E.P.NO.01 / 2008 pending on its file within a period of two months from the
date of receipt of copy of the order of this Court and to report compliance to
this Court without fail.

Accordingly, this Civil Revision Petition is disposed of without costs.

arr

To

1. The learned Principal District Munsif
(learned Rent Controller)
Srivilliputhur

2. The Registrar Judicial
Madurai Bench of Madras High Court
Madurai.

(To watch and report)