R MARIMUTHU Vs. SELVARAJ

JUDGEMENT

(1.) The Civil Revision Petitions are filed against the judgment and decree dated 28.08.2014 made in R.C.A.Nos.422 and 421 of 2014 on the file of the IX Small Causes Court (Rent Control Appellate Authority), Chennai, confirming the fair and decretal order dated 09.07.2014 made in M.P.Nos.277 and 276 of 2014 in R.C.O.P.No.590 of 2009 on the file of the XI Small Causes Court (Rent Controller), Chennai.

(2.) The parties and issues involved in both the Civil Revision Petitions are one and the same and therefore, these two revision petitions are disposed of by this common order. These two Civil Revision Petitions are heard together along with C.R.P.(NPD)Nos.1966 and 1967 of 2013 filed by the respondents herein challenging the common judgment and decree dated 02.03.2013 passed in allowing both R.C.A.Nos.650 and 651 of 2011 by dismissing R.C.O.P.No.825 of 2009. Today, orders are pronounced in all the four Civil Revision Petitions by two separate orders.

(3.) The petitioner in both the Civil Revision Petitions is first respondent in R.C.O.P.No.590 of 2009. The respondents filed the said R.C.O.P. for fixation of fair rent. After conclusion of trial, when the R.C.O.P. is posted for orders, the respondents filed M.P.Nos.276 and 277 of 2014 for reopening R.C.O.P.No.590 of 2009 to adduce further evidence on their behalf and for further arguments. The respondents filed affidavit in support of the above two petitions narrating the averments mentioned in R.C.O.P.No.590 of 2009 filed for fixation of fair rent as well as R.C.O.P.No.825 of 2009 filed for eviction of the petitioner and his three brothers. According to the respondents, during the time of arguments, the learned counsel for the petitioners contended that notice was given only to Sakthivel, brother of the petitioner instead of petitioner and therefore, R.C.O.P.No.590 of 2009 for fixation of fair rent is not maintainable. The respondents further stated in the affidavit that the petitioner has suppressed the material facts mentioned in R.C.O.P.No.825 of 2009 especially Exs.R4 and R5 marked on behalf of the petitioner as well as the evidence given by the petitioner and his brother Sakthivel in R.C.O.P.No.825 of 2009. These materials are necessary in deciding the fair rent to be fixed for the petition premises.