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M.K.Mustafa vs P.G.Gangadhara

Madras High Court|24 November, 2009

JUDGMENT / ORDER

The petitioner has filed these two Civil Rivision Petitions against the order dated 27.04.2009 made in M.P.No.614 of 2008 in RCOP No.902 of 2007 on the file of the XIII Small Cause Judge, Chennai and against the order dated 27.04.2009 made in M.P.No.615 of 2008 in RCOP No.902 of 2007 on the file of the XIII Small Cause Judge, Chennai.
2. In view of he fact, that the revision petitioner in these two Revision Petitions, as an aggrieved person is entitled to prefer appeals under Section 23 of the Tamil Nadu Buildings (Lease and Rent Control) Act,1960. The Revision Petition filed by him are not maintainable under Art.227 of the Constitution of India before this Court. Therefore, in that view of the matter, these two Revision Petitions are dismissed as not maintainable without costs. However, liberty is granted to the revision petitioner to prefer appeals under Section 23 of the Tamil Nadu Buildings (Lease and Rent Control) Act,1960 before the appropriate competent forum in the manner known to law, if so advised. Further, to enable the revision petitioner to prefer appeals against the order dated 27.04.2009 made in M.P.No.614 of 2008 in RCOP No.902 of 2007 and against the order dated 27.04.2009 made in M.P.No.615 of 2008 in RCOP No.902 of 2007, the registry is directed to return the original copy of the fair and decreetal order passed in the aforesaid Miscellaneous Petitions to the petitioners subject to the condition that the petitioner shall substitute the original copy of the fair and decreetal order passed in the aforesaid Miscellaneous petitions with that of the xerox copy of the same and the registry is further directed to keep them among records for their reference.
To
1.The XIII Small Cause Court, Chennai
2.The Sub Assistant Registrar A.C.Section High Court, Madras (For Information) arr
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Title

M.K.Mustafa vs P.G.Gangadhara

Court

Madras High Court

JudgmentDate
24 November, 2009