S KULANDAISAMY Vs. R KASTHURI AMMAL

JUDGEMENT

(1.) THE revision petitioner/tenant has filed this civil revision petition as against the order dated 21. 10. 2009 in Unnumbered RCOP SR. No. 9141 of 2009 passed by the learned District Munsif, Alandur in directing the revision petitioner to file the unnumbered R. C. O. P. Petition along with the citations within a period of two weeks.

(2.) ACCORDING to the learned counsel for the petitioner, the learned District Munsif, Alandur (Rent Controller) should have seen that for taking the Rent Control Original Petition on file, the averments in the petition alone are required to be taken note of and it is always open to the respondent/landlord to dispute the averments or question the maintainability of the rent control original petition, after filing necessary objections and indeed, the learned Rent Controller has not taken note of the fact that the petition has been returned stating that the earlier RCOP No. 4 of 2008 has been dismissed and the petition has been represented stating that the earlier RCOP has been dismissed on technical grounds and cause of action for taking Rent Control Original Proceedings on file on the ground of wilful default is recurring cause of action and unfortunately these aspects of the matter have not been adverted to or appreciated by the learned District Munsif (Rent Controller),alandur in a proper perspective which has resulted in miscarriage of justice and therefore, prays for allowing the revision petition in the interest of justice. The learned District Munsif, Alandur (Rent Controller) has returned the un-numbered RCOP in SR 9141 of 2009 on 31. 08. 2009 raising a query as to how "this RCOP is maintainable as an earlier RCOP No. 4 of 2008 was filed and dismissed on the same ground for which the learned counsel for the revision petitioner/tenant on 20. 10. 2009 has made the following endorsement 'this RCOP is filed for non-receipt of rent by the respondent for consequent period also; it is not barred by cause of action since the landlady is continuously refusing to receive the rent. ' For this endorsement the learned District Munsif Alandur by its return dated 24. 10. 2009 has directed the petitioner to file the RCOP petition along with citation and has granted 2 weeks time to comply with the same. "

(3.) AS per the second return dated 24. 10. 2009 made by the learned District Munsif, Alandur, the revision petitioner has been directed to file the unnumbered RCOP SR. No. 9141 of 2009 along with citation and therefore, this Court on the basis of Equity, Fairplay and even as a matter of prudence, directs the revision petitioner/tenant to produce citations before the learned Rent Controller and the learned Rent Controller is directed to hear the learned counsel appearing for the petitioner appearing before him and the learned District Munsif, Alandur is directed to take into consideration of the citations produced and to pass appropriate orders as he deems fit and proper based on the facts and circumstances of the case, within a period of ten days from the date of receipt of a copy of this order and further the registry is directed to return the original un-numbered RCOP petition in SR. No. 9141 of 2009 to the petitioner subject to the condition that the petitioner produces the Xerox copy of the said petition to the registry and the registry shall keep the same for its necessary record purpose and with these directions the civil revision petition is disposed of accordingly without costs.