NANDI KHANNA Vs. SUNEEL AIYER

JUDGEMENT

(1.) CRP. NPD. No. 110 of 2009 is directed against the judgment in RCA. No. 829 of 2007 on the file of the VII Judge, Court of Small Causes, Chennai, which had arisen out of the order dated 30. 11. 2007 in M. P. No. 556 of 2007 in RCOP. No. 1267 of 2007 on the file of the XIV Judge, Court of Small Causes, Chennai.

(2.) M. P. No. 556 of 2007 was filed by the landlords/petitioners in RCOP. No. 1267 of 2007 under Section 11(4) of the Tamil Nadu Building (Lease and Rent Control) Act (hereinafter referred to as 'the Act'), claiming that on the date of filing of RCOP, the rent is due from the tenant for the months from February 2007 to October 2007 amounting to Rs. 99,000/- (at the rate of Rs. 11,000/- per month) and maintenance charges at the rate of Rs. 1,250/- from January 2007 to October 2007 amounting to Rs. 12,500/- totalling Rs. 1,11,500/- and also to direct the tenant to pay the future rent and the amenities charges at the above rate without fail, failing which to stop all further proceedings and order eviction. The learned Rent Controller, after hearing both sides, had allowed the said M. P. No. 556 of 2007 directing the respondent to pay Rs. 1,11,500/- towards arrears of rent from February 2007 to October 2007, and amenities charges from January 2007 to October 2007 on or before 14. 12. 2007 and directed the Office to post the matter on 17. 12. 2007 for reporting compliance. Further the learned Rent Controller observed that failure to comply with the conditional order will entitle the landlords to get an order of eviction. On 17. 12. 2007 a memo was filed on behalf of the respondents / tenants stating that RCA is pending against the order passed in M. P. No. 556 of 2007 and on that score it was submitted on behalf of the tenants to stay the further proceedings in M. P. No. 556 of 2007 in RCOP. No. 1267 of 2007. But the learned Rent Controller on the ground that there was no stay obtained by the tenants in RCA, had allowed M. P. No. 556 of 2007 on the ground that arrears of rent was not paid as per the directions given in M. P. No. 556 of 2007, giving one month time for vacating and handing over vacant possession of the petition scheduled premises. Consequently RCOP. No. 1267 of 2007 was also ordered by the learned Rent Controller by stopping the further proceedings in lieu of the order passed in M. P. No. 556 of 2007 in RCOP. No. 1267 of 2007.

(3.) CRP. NPD. No. 111 of 2009 has been preferred by the tenants against the Judgment in RCA. No. 171 of 2008, which was preferred against the final order dated 17. 12. 2007 passed in M. P. No. 556 of 2007 in RCOP. No. 1267 of 2007.