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R.K. Karupiah Pillai vs A.S. Singaravelan

Madras High Court · Decided on 18 April 2009 · Citation: (2009) 04 MAD CK 0123

HON’BLE JUDGES
M. Venugopal, J
ACTS & SECTIONS REFERRED
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 — Section 10(2), 10(3)
CASE NUMBER
C.R.P. (NPD) (MD) No. 144 of 2009
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Judgment

16 paragraphs · 345 words

M. Venugopal, J.—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 u/s 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.