MOHAMED DIWAN Vs. A. VENKATESH

JUDGEMENT

(1.) This Civil Revision Petition is filed to strike off the petition in M.P.No.83/17 in M.P.No.289/16 in RCOP.No.302/16 from the file of the XV Judge, Small Causes Court, Chennai on the ground of abuse of process of law.

(2.) Petitioners in RCOP No.302 of 2016, petitioners in M.P. No. 289 of 2016 and the respondents 1 to 3 in MP No.83 of 2017 are the petitioners in this revision. The first respondent is the respondent in RCOP 302 of 2016 and M.P No.289 of 2016 and petitioners in MP No.83 of 2017. The second respondent is the proposed petitioner.

(3.) Originally one L.Joseph, was the owner of the petition premises and second respondent purchased the property from him through power of attorney J.Mariadoss. The 2nd respondent initiated various proceedings against the first respondent including RCOP No.560 of 2004 on the file of X Judge, Small Causes Court, Chennai, for fixation of rent. After contest, the learned Rent Controller, by order dated 03.03.2005 fixed the fair rent at Rs.19,596.00 per moth. Against the said order, the first respondent filed RCA No.559 of 2005 challenging the said fixation of fair rent. While RCA was pending, the second respondent, by deed of sale dated 18.02.2008 bearing document No.604 of 2008 sold the property to the petitioners. In the said sale deed, the second respondent assigned all his rights and claims in the judgments, decrees and orders passed in the legal proceedings initiated in respect of the petition property and authorised the petitioners to continue all the legal proceedings and to execute the decrees and receive the amounts and also to take delivery of petition premises. RCA No. 559 of 2005 filed by the 1st respondent challenging the fixation of fair rent was dismissed. This Court in CRP No.4095 of 2010 confirmed the said order.