High CourtsSingle Bench(2004) 11 MAD CK 0017

Palaniyandi rep. by his wife Palaniammal, Power Agent vs Vairaperumal

Madras High Court · Decided on 19 November 2004 · Citation: (2004) 5 CTC 610

HON’BLE JUDGES
A.K. Rajan, J
RESULT
Dismissed
CASE NUMBER
C.R.P. (Npd) . No''s. 2189 and 2190 of 2004 and C.M.P. No''s. 16550 and 16551 of 2004

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Judgment

21 paragraphs · 432 words

A.K. Rajan, J.—These two C.R.Ps. have been filed against the orders of the Rent Control Appellate Authority confirming the orders passed

by the Rent Controller.

2.

The revision petitioner in both the C.R.Ps. is the tenant under the respondent/landlord. Admittedly, there are proceedings pending against the

revision petitioner for eviction on the ground of wilful default in payment of rent and also on the ground of demolition and reconstruction. From the

orders of Rent Controller, it is clear that there are 9 portions in the house and 8 tenants have vacated, but the petitioner alone did not vacate the

house and the construction activities are also going on after demolition of this portion. The petitioner also has filed a petition to restore the water

connection. That application has been rejected on the ground that the revision petitioner filed a civil suit in O.S. No. 349/97 and obtained a stay.

Even prior to that the water supply was disconnected. In spite of that the tenant did not mention anything in that and did not take any steps to

restore. Under these circumstances, the present application to restore water connection is filed only with the intention to protract the matter and to

delay the process of vacating the premises. Having come to such a conclusion, the Rent Control Appellate Authority dismissed the plea of the

petitioner. Against that, the present revisions have been filed.

3.

The learned counsel appearing for the petitioner referred to the order passed by the Rent Controller as well as the Rent Control Appellate

Authority and contended that with the malafide intention the landlord filed the petitions for eviction; further the landlord has no right to disconnect

the water connection.

4.

Considering the averments made in the C.R.Ps. and also the orders passed by the Rent Controller as well as the Rent Control Appellate

Authority, it appears that there is no case in favour of the revision petitioner/tenant. The revision petitioner is trying to prolong the matter and to

deny the benefits of the Act to the landlord. No legal ground in favour of the petitioner has been raised and no legal ground has been argued before

this Court. The Rent Controller as well as the Rent Control Appellate Authority have come to the right conclusion that the landlord is entitled to an

order of the eviction. There is no illegality in the said order of eviction as confirmed by the appellate authority.

5.

Under these circumstances, both the C.R.Ps. are devoid of merits and the same are dismissed. No costs. Consequently, C.M.P.Nos.16550

and 16551 of 2004 are also dismissed.