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2024 Supreme(Online)(Mad) 64981

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
L.Balasubramanian – Appellant
Versus
Bhuvaneswari – Respondent


BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 08.07.2024 CORAM THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY C.R.P(MD)No.1446 of 2024 and C.M.P(MD).No.8563 of 2024

1.L.Balasubramanian

2.Tharakeswari ... Petitioners Vs.

Bhuvaneswari ...Respondent Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 08.04.2024 made in I.A.No.1 of 2024 in RLTOP No.1 of 2023 on the file of the District Munsif Court, Paramakudi.

For Petitioners :Ms.M.D.Devi Saravana Priya

ORDER

This civil revision petition is directed against the order passed by the learned District Munsif, Paramakudi, in I.A.No.1 of 2024 in RLTOP No.1 of 2023 dated 08.04.2024. The said petition is filed under Section 40(2) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 to dismiss RLTOP on the ground that the Tribunal had no jurisdiction. The contention of the petitioners is that there is no written agreement and in the absence of the written agreement, the RLTOP is not maintainable. The Trial Court dismissed the petition on the ground that the said question can also be considered at the time of trial.

2. Thou

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