2022 Supreme(Online)(Mad) 95519
MADRAS HIGH COURT
MAHALAKSHMI BANGLE STORES – Appellant
Versus
TEGCHAND PUKHRAJ – Respondent
CRP 2295 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Tuesday, the Twenty Sixth day of October Two Thousand Twenty One
PRESENT
THE HON`BLE MR.JUSTICE G.CHANDRASEKHARAN
C.R.P. (NPD) No.2295 of 2021
and C.M.P. No.17366 of 2021
MAHALAKSHMI BANGLE STORES [PETITIONER IN BOTH THE PETITIONS]
REP. BY ITS PARTNER,
KANTILAL LASAJI,
NO: 55, PERUMAL MUDALI STREET,
CHENNAI-600 079.
Vs
TEGCHAND PUKHRAJ [RESPONDENT IN BOTH THE PETITIONS]
II FLOOR, NO: 55,
PERUMAL MUDALI STREET,
CHENNAI-600 079.
Petitions under Section 25 of the Tamil Nadu Rent Control Act 18
of 1960 as Amended by Act 23 of 1973 and 1 of 1980 against the common
order passed by the VII Small Causes Court(Appellate Authority) at
Chennai, dated 26.08.2021 R.C.A. No: 432 of 2015 dismissing the
appeal and confirming the order dated 23.06.2015 passed by the X
Court of Small Causes at Chennai (Rent Controller) in R.C.O.P.
No.2214 of 2012 fixing the fair rent for the petition premises
(C.R.P.(NPD) No.2295/2021) and
(ii)To grant interim stay of all further proceedings pursuant to
the judgment and decree dated 26.08.2021 made in R.C.A. No.432 of
2015 on the file of the VII Small Causes Court, Chennai and the order
dated 23.06.2015 made in R.C.O.P. No.2214 of 2012 on the file of the
X Court of Small Causes at Chennai, (C.M.P. No.17366/2021) pending
disposal of the C.R.P.(NPD) No.2295/2021.
Order : This petition coming on this day for hearing upon
perusing the petition and the affidavit filed in support thereof and
upon hearing the arguments of M/S.A.K.RAGHAVULU, Advocate for the
petitioner in both the Petitions and of MR.S.R.RAJAGOPAL, Advocate
for M/S.VIKRAM.U.JAIN, Advocate (Caveator) for the Respondent in both
the Petitions, the court made the following order:-
When this matter is taken up for admission, the learned counsel
for the respondent submitted that, the agreed rent for the premises
was Rs.29,000/-. The respondent filed fair rent petition and the fair
rent was fixed at Rs.37,179/-. In the appeal against the fair rent
fixed by the learned Rent Controller, the fair rent was enhanced to
Rs.49,258/-. Thus, it is claimed by the learned counsel for the
petitioner that, there is an arrears of Rs.21,61,606/- at the rate of
Rs.49,258/- per month. Therefore, the petitioner is directed to pay
30% of Rs.21,61,606/- to the respondent, within a period of four (4)
weeks from today.
2.
Registry is directed to call for the records.
3.
Post the matter for final hearing after four weeks. In the
meanwhile, there shall be an order of interim stay of further
proceedings, till then.
-sd/-
26/10/2021
/ TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. )
High Court, Madras - 600 104.
TO
1 THE VII JUDGE,
APPELLATE AUTHORITY,
SMALL CAUSES COURT, CHENNAI.
2 THE X JUDGE,
SMALL CAUSES COURT
(RENT CONTROLLER), CHENNAI.
COPY TO
1 THE SECTION OFFICER,
VR SECTION, HIGH COURT,
MADRAS.
C.C. to M/S.A.K.RAGHAVULU, Advocate SR.NO. 6073/2021.
Order
in
C.R.P. (NPD) No.2295 of 2021
and C.M.P. No.17366 of 2021
Date :26/10/2021
From 26.2.2001 the Registry is issuing certified
copies of the Interim Orders in this format
TP(01/11/2021)