K MUTHURAMALINGAM Vs. KALYANI RAGHUNATHAN

JUDGEMENT

(1.) BOTH the civil revision petitions have been taken up together for final hearing, by the consent of the counsels, as they involve common issues.

(2.) THE civil revision petition No.873 of 2010, has been filed against the order, dated 26.2.2010, made in Tr.O.P.No.22 of 2010, in R.C.A.No.1087 of 2005, on the file of the learned Chief Judge,(Full Additional charge), Court of small causes, at Chennai.

(3.) THE rent control appeals, in R.C.A.Nos.1087 and 1138 of 2005, had been filed against the fair and decretal order, dated 2.8.2005, passed by the learned XV Judge, Court of Small Causes, Chennai, made in R.C.O.P.No.172 of 2004, fixing the fair rent for the premises in question, at Rs.8,535/- per month. It has been stated that R.C.O.P.No.172 of 2004, had been filed by the landlord, the respondent in the present civil revision petitions, for the fixation of fair rent, in respect of her property occupied by the petitioner herein, as a tenant. THE learned XV Judge, Court of Small Causes, Chennai, by an order, dated 2.8.2005, made in R.C.O.P.No.172 of 2004, had fixed the fair rent for the premises in question at Rs.8,535/-, per month. Against the said order, the petitioner in the present civil revision petitions had filed an appeal, in R.C.A.No.1087 of 2005, on the file of the learned VIII Judge, Court of Small Causes, Chennai. THE respondent herein had also filed an appeal against the order, dated 2.8.2005. While the proceedings in the appeals were going on before the learned VIII Judge, Court of Small Causes, Chennai, Tr.O.P.Nos.22 and 23 of 2010, had been filed by the petitioner, in the present civil revision petitions, before the learned Chief Judge, Court of Small Causes, Chennai, under Section 17 of the Civil Procedure Code, 1908, to transfer the appeals in R.C.A.Nos.1087 and 1138 of 2005, from the learned VIII Judge, Court of Small Causes, Chennai, to the learned VII Judge, Court of Small Causes, Chennai.