K B SUBRAMANIAM Vs. SATHYAVATHAMMA

JUDGEMENT

(1.) CRP.NPD.No.1489 of 2003 has been directed against the judgment in RCA.No.487 of 1996 on the file of the VII Judge, Court of Small Cause, Chennai, which had arisen out of the order in RCOP.No.2431 of 1991 on the file of the XIV Judge, City Civil Court, Chennai.

(2.) CRP.NPD.No.1490 of 2003 was directed against the judgment in RCA.No.503 of 1996 on the file of the VII Judge, Court of Small Causes, Chennai, which had arisen out of the order passed in RCOP.No.368 of 1992 on the file of the XIV Judge, City Civil Court, Chennai.

(3.) THE learned trial Judge has conducted a joint trial in RCOP.No.2431 of 1991 and RCOP.No.368 of 1992. Before the trial Court, one E.S.Reddy husband of Sathyavathamma was examined as P.W.1 and Ex.P.1 to Ex.P.20 were marked. THE tenant Subramanian had examined himself as R.W.1 and exhibited Ex.R.1. After going through the evidence both oral and documentary and after giving due deliberations to the submission made by the learned counsel appearing on both sides, the learned Rent Controller has ultimately come to the conclusion that the petitioner in RCOP.No.2431 of 1991 is not entitled to any relief and accordingly, dismissed RCOP.No.2431 of 1991 and allowed RCOP.No.368 of 1992 filed by the tenant permitting him to deposit the arrears of rent of Rs.8000/- being the rent due for the month of October-1991 to January-1992, and also the subsequent rent into the Court. Aggrieved by the findings of the learned Rent Controller, the petitioner in RCOP.No.2431 of 1991 had preferred RCA.No.487 of 1996 before the Rent Control Appellate Authority (VII Judge, City Civil Court, Chennai), and the respondent in RCOP.No.368 of 1992 preferred RCA.No.503 of 1996 before the Rent Control Appellate Authority (VII Judge, City Civil Court, Chennai).