IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.08.2008 CORAM: THE HONOURABLE MR.JUSTICE S.TAMILVANAN Civil Revision Petition (NPD) No.2118 of 2008 and M.P.No.1 of 2008 Elumalai Naicker .. Petitioner Vs. Kanchanamala .. Respondent Civil Revision Petition filed against the Fair and Decreetal Order, dated 30.04.2008 passed in M.P.No.2 of 2007 in R.C.A.No.224 of 2004 on the file of the VIII Court of Small Causes, Chennai. For petitioner : Mr.K.Shakespeare For respondent : Mr.C.Ajit Kumar O R D E R
This Civil Revision Petition has been preferred against the Fair and Decreetal Order, dated 30.04.2008 made in M.P.No.2 of 2007 in R.C.A.No.224 of 2004 on the file of the Rent Control Appellate Authority / VIII Court of Small Causes, Chennai.
2. As per the impugned order, the learned Rent Control Appellate Authority has directed the revision petitioner / tenant to deposit a sum of Rs.1,93,500/- being the arrears of rent for the period from June 1996 to February 2007 for 129 months at the rate of Rs.1,500/- per month to the credit of the said RCA on or before 22.06.2008. Aggrieved by the aforesaid order, the revision petitioner has preferred this Civil Revision Petition.
3. This Court, by order, dated 07.07.2008 directed the revision petitioner / tenant to deposit a sum of Rs.1,00,000/- to the credit of M.P.No.272 of 2007 in R.C.A.No.224 of 2004 on the file of the court below, without prejudice to the claim of both the parties on or before 06.08.2008 and on that condition, interim stay was granted.
4. According to the learned counsel appearing for the revision petitioner, the aforesaid amount was deposited before the VIII Court of Small Causes, Chennai, for which he produced the receipt obtained from the Court of Small Causes, Chennai.
5. Mr.C.Ajit Kumar, learned counsel appearing for the respondent submitted that a connected RCA between the same parties regarding the same schedule of property for fixing the fair rent is pending before the Rent Control Appellate Authority / VII Judge, Court of Small Causes, Chennai in R.C.A.No.1093 of 2006.
6. On the facts and circumstances, there is a consensus between both the learned counsel that there shall be a direction to the Rent Control Appellate Authority to dispose both the RCAs on merits and the R.C.A.No.224 of 2004 on the file of the VIII Judge, Court of Small Causes, Chennai be tried by the same Rent Control Appellate Authority / VII Judge, Court of Small Causes, Chennai.
7. Considering the facts and circumstances, I find it reasonable to direct the Rent Control Appellate Authority / VII Judge, Court of Small Causes, Chennai to try both the RCA, accordingly, R.C.A.No.224 of 2004 directed be transferred to the file of the Rent Control Appellate Authority / VII Judge, Court of Small Causes, Chennai and tried with the other R.C.A.No.1093 of 2006 on the file of the said court.
8. Mr.C.Ajit Kumar, learned counsel appearing for the respondent in this Civil Revision Petition submitted that the connected R.C.A.No.1093 of 2006 has been posted to 15.12.2008, which is a longer date. In the said circumstances, it is hereby observed that the respondent / landlady is at liberty to file petition before the Rent Control Appellate Authority / VII Judge, Court of Small Causes, Chennai to advance the hearing, so as to dispose both the cases together at an early date.
S.TAMILVANAN, J
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9. On the aforesaid facts and circumstances, the revision petitioner / tenant is directed to deposit the arrears of rent to the credit of M.P.No.272 of 2007 in R.C.A.No.224 of 2004 on the file of the VIII Assistant Small Causes Court, Chennai. The VII Judge, Court of Small Causes, Chennai is directed to dispose both the RCA at an early date.
10. With the above directions, this Civil Revision Petition is disposed of. No order as to costs. Consequently, connected miscellaneous petition is closed.
11.08.2008
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The VIII Court of Small Causes, Chennai.
C.R.P. (NPD) No.2118 of 2008