J VALSAMMA Vs. P KASTHURI

JUDGEMENT

(1.) THIS Civil Revision Petition is filed challenging the Order and Decretal Order dated 25.2.2011 passed in M.P.No.201 of 2010 in R.C.A.(SR)No.3118 of 2010 on the file of the VII Judge, Court of Small Causes (Appellate Authority), Chennai.

(2.) MR.P.B.Balaji, learned counsel appears on behalf of the respondent/caveator. By consent, the Civil Revision Petition is taken up for final disposal.

(3.) THE Rent Control Original Petition is field for fixation of fair rent. THE tenancy is continuing. In such view of the matter, in order to provide substantial justice to the revision petitioner/tenant, who had already suffered an order before the learned Rent Controller, the order of the Court below declining to condone the delay appears to be not commensurate with the nature of the grievance expressed by the revision petitioner/tenant. THE delay has been substantially explained. In a case of this nature, this Court is not inclined to take a very serious and stringent view as the revision petitioner/tenant has given proper reason for the delay and there appears to be no material to show lack of bona fide or intention to drag on the proceedings.