THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR CRP.No.1297/2017 & CMP No.6053/2017 Venkatesan ..Petitioner ..Vs..
Sivasubramanian ..Respondent Prayer:- Civil Revision Petition filed under Section 25 of the Tamil nadu (Buildings & Lease) Rent Control Act, 1960 against the Fair and Decreetal order dated 27.02.2017 made in R.C.A.No.4/2016 on the file of Rent Control Appellate Authority (Sub Court), Mannargudi confirming the Fair and Decreetal Order dated 01.11.2014 made in M.P.No.58 of 2014 in R.C.O.P.No.19/2005 on the file of the Rent Controller/District Munsif, Mannargudi.
For Petitioner : Mr.J.R.K.Bhawanatham For Respondent : Mr.K.Ramu ORDER By consent of both the parties, the Civil Revision Petition itself is taken up for final disposal.
2. Both the parties consented for setting aside the Impugned order. Accordingly, the Civil Revision Petition is disposed of and the Impugned order passed by the Court below in M.P.No.58/2014 in R.C.O.P.No.19/2005 is set aside on the following terms, without prejudice to the right of the parties.
(i) The petitioner is directed to pay a sum of Rs.4,00,000/- (Rupees Four Lakhs Only) to the respondent within a period of two months, in two installments from the date of receipt of a copy of the order.
(ii) The petitioner is directed to pay the first installment i.e., a sum of Rs.2,00,000/- (Rupees Two Lakhs only) on or before 30.04.2017.
(iii) The petitioner is directed to pay the balance amount viz., Rs.2,00,000/- (Rupees Two Lakhs only) to the respondent on or before 30.05.2007.
(iv) In the event of payment of the aforesaid amount by the petitioner, the Court below (District Munsif Court, Mannargudi) is directed to restore the R.C.O.P.No.19/2005 and dispose of the same, in accordance with law as expeditiously as possible within a period of three months there after.
(v) In the event of non compliance of the conditional order, the order passed in this Civil Revision Petition stands dismissed and it is open to the respondent to proceed, in accordance with law.
(vi) The petitioner is also directed to pay Rs.4000/- (Rupees Four Thousand only) per month as rent, to the respondent on or before 5th day of every calender month.
3. No costs. Consequently, connected Civil Miscellaneous Petition is closed.
07.04.2017 KP
Note: Issue Order copy on 18.04.2017
Index : Yes / No Internet : Yes / No Speaking Order/Non Speaking Order To
1. The Sub Judge (RCAA) Mannargudi.
2. Rent Controller/District Munsif, Mannargudi.
D.KRISHNAKUMAR., J.
KP CRP.No.1297/2014 07.04.2017 http://www.judis.nic.in