V KALARANI Vs. S SANTHAKUMAR; S JAYAKUMAR

JUDGEMENT

(1.) The present revision has been filed against the order of the learned Rent Controller dated 16.03.2016 made in unumbered miscellaneous petition bearing M.P.SR.No.3102 of 2016 in R.C.O.P.No.1669 of 2014. The matter stands listed today for admission.

(2.) The arguments advanced by Mr.V.Subramanian, learned counsel for the petitioner are heard.

(3.) The above said R.C.O.P.No.1669 of 2014 came to be filed by the respondents herein under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for fixation of fair rent. In addition, the respondents have also filed R.C.O.P.No.268 of 2015 against the revision petitioner for eviction on the ground of willful default. The petitioner seems to have filed a suit in O.S.No.14141 of 2015 on the file of VI Assistant Judge, City Civil Court, Chennai claiming that she is only a tenant in respect of the land and the superstructure belongs to her. After filing such a suit, the petitioner seems to have filed an application in the said suit as I.A.No.4108 of 2015 seeking permission to deposit the rent for the land in the City Civil Court in which the suit was filed. The said application was dismissed as against which he preferred a revision before this Court in C.R.P.No.4695 of 2015. Since the order came to be passed without notice to the respondents therein and the order of the said Court contained only a direction to the office to return the petition for being presented before the Rent Controller in R.C.O.P.No.1669 of 2014, without rendering any decision in that application, this Court allowed C.R.P.No.4695 of 2015 and remitted the matter back to the civil Court in which the suit is pending to pass an order on merit, as the application had already been taken on file, either allowing or dismissing the said application.