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2017 Supreme(Mad) 275

PUSHPA SATHYANARAYANA
Kaliaperumal – Appellant
Versus
Parvathi – Respondent


Advocates Appeared:
For the Petitioner: R. Gururaj
For the Respondents: A. Muthukumar

Judgment :-

1. The revision is filed by the tenant in a Rent Control Proceedings, challenging the order passed by the Appellate Authority confirming the order passed by the Rent Controller in an unnumbered IA No. of 2014 in RCOP No.1 of 2007 to decide the preliminary issue regarding the maintainability of the original petition and the jurisdiction of the Rent Controller to try the eviction petition.

2. This Rent Control proceedings seems to have a checkered history as the oldest of the proceeding was in the year 1996. To decide the question of maintainability as a preliminary issue, the factual background of the case is necessary.

3. The respondents/landlords had filed RCOP No.15 of 1996 for fixation of fair rent and the same was allowed on 30.12.2002 fixing the fair rent at Rs.500/- per month. Aggrieved by the same, the landlord preferred RCA No.20 of 2003 wherein, the fair rent was re-fixed and enhanced to Rs.2,679/- per month vide order dated 07.10.2003. It was the turn of the tenant to prefer the revision in CRP PD 1102 of 2004, which came to be dismissed on 11.02.2011 and it was also confirmed by the Hon'ble Supreme Court in SLP No.17020 of 2011 on 12.09.2011. Thus the fair rent































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