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P.K.Premnath vs F.Anwar John

Madras High Court|06 November, 2017

JUDGMENT / ORDER

The above Civil Revision Petition has been filed seeking a direction to the learned District Munsif, Madurai Town (Rent Controller) to dispose the R.C.O.P.No.244 of 2013 within a stipulated time as fixed by this Court.
2. The petitioners would aver among other things that they have filed a petition in R.C.O.P.No.244 of 2013, on the file of the District Munsif Court, Madurai to direct the respondent to vacate and hand over the possession of the shop run by the respondent in the name and style of NAS Battery Point. Originally the property belonged to the petitioners' parents and after the demise of their parents, the petitioners have inherited the same. The petitioners leased out the property which is situated in Door No.784 in T.S.No.42/1A , which is a shop and commercial building. The respondent was running a shop and there was no fair rent fixed for the premises.
3. The petitioners filed the above R.C.O.P., for vacating the premises, since the petitioners require the same building for their own use. Originally there were two other shops and on request of these petitioners, the tenants of the two other shops vacated the premises in the year 2012 itself. But the respondent alone refused to vacate the premises. Therefore, the petitioners filed the above R.C.O.P., for owners' occupation, which is pending for the past four years without any progress. Hence, they have come forward before this Court by filing this Civil Revision Petition seeking earlier disposal of R.C.O.P.
4. Heard the learned Counsel for the petitioners and perused the materials available on record.
5. The prayer of the petition is with a limited prayer for speedy disposal of the case in R.C.O.P.No.244 of 2013 and therefore, no notice is necessary to the respondent.
6. Considering the facts and circumstances of the case, ends of justice would be met, if a direction is issued to the trial Court. Accordingly, Having regard to the submissions made by the learned Counsel for the petitioners and also taking into consideration the limited prayer sought for in this Civil Revision Petition, without expressing any opinion with regard to the merits of the case, this Court directs the learned District Munsif, Madurai Town (Rent Controller) to dispose the R.C.O.P.No.244 of 2013 on merits and in accordance with law within a period of four months from the date of receipt of a copy of this order.
7. With the above directions, the Civil Revision Petition is disposed of. There shall be no order as to costs.
To The District Munsif, Madurai Town (Rent Controller). .
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Title

P.K.Premnath vs F.Anwar John

Court

Madras High Court

JudgmentDate
06 November, 2017