CRP.No.707 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON

: 13.06.2023

PRONOUNCED ON : 01.09.2023

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

CRP.No.707 of 2021

and

CMP.No.5923 of 2021

Lourdusamy

...Petitioner

Vs.

Mariya Joseph Alphone Blampain,

Rep by his power of attorney,

Jayapragasam, S/o Ramadoss,

No.439, M.G.Road, Puducherry,

Rep by Power of attorney,

Jayapragasam, S/o Ramadoss

No.32, Gangiamman Koil Street,

Chennaiyanpet, Pondicherry.

... Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of the

Constitution of India, to set aside the fair and decretal order dated

05.01.2021 passed in R.C.E.P.No.6 of 2016 in H.R.C.O.P.No.65 of

2013, on the file of Rent Controller-I at Puducherry and dismiss the

same with cost.

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CRP.No.707 of 2021

For Petitioner

: Mr.D.Senthilkumar

For Respondent

: M/s.R.S.Akila for

M/s.Sudha Ramalingam

ORDER

This petition had been filed by the judgment debtor in RCEP.No.6 of

2016 in HRCOP.No.65 of 2013, on the file of the Rent Controller I

Puducherry.

2.The brief facts which are relevant to decide the CRP are as

follows:-

The petitioner was a tenant in the premises bearing D.No.15, Saint

Ange Street, Puducherry 605 001. The respondent herein filed

HRCOP.No.65 of 2013 under Section 10(2)(i), 10(3)(i) and 14(1)(b) of

Pondicherry Buildings (Lease and Rent Control) Act, 1969 seeking the

relief of eviction of the respondent before the learned Rent Controller

(Revision Petitioner herein) from the leased out premises for willful default

for demolition of the building as it is dilapidated building and for personal

use of the landlord and also directing the Respondent before the learned

Lease Controller (revision petitioner herein) to pay the arrears of rent for a

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CRP.No.707 of 2021

sum of Rs.84,000/- at the rate of Rs.3,500/- p.m., for 24 months

commencing from October 2011 till the date of filing of the RCOP.

3.The learned Rent Controller had allowed the petition under petition

in I.A.No.1544 of 2014 in HRCOP.No.65 of 2013, the petition under

Section 11(3) of the Pondicherry Buildings (Lease and Rent Control) Act,

1969 direction to the Respondent/tenant to pay the arrears of rent totally a

sum of Rs.1,15,000/-. In case of failure of the Respondent to pay the arrears

of rent to further proceed with the main HRCOP.No.65 of 2013.

4.The petition filed by the landlord in I.A.No.1544 of 2014 in

HRCOP.65 of 2013 was allowed and an ex-parte order was passed against

the tenant, the respondent in I.A.No.1544 of 2014 and the respondent in

HRCOP.No.65 of 2013 as per order dated 17.10.2014.

5.Aggrieved by the same, the respondent/tenant had filed petition in

I.A.No.1544 of 2015 in HRCOP.No.65 of 2013 under Section 12 and 13 of

the Pondicherry Buildings (Lease and Rent Control) Act, 1969 to set aside

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CRP.No.707 of 2021

the ex-parte order passed against the Respondent/tenant dated 16.09.2014.

The said petition was dismissed. Aggrieved by the same, the tenant filed

RCA.No.16 of 2018 which was dismissed by the learned Rent Control

Appellate Authority/learned II Additional District Judge, Puducherry in

RCA.No.16 of 2018 by an order dated 11.01.2019.

6.He also submit that the landlord had filed RCEP.No.6 of 2016 in

HRCOP.No.65 of 2013 on the file of the learned Rent Controller-I at

Puducherry. The tenant had filed E.A.No.86 of 2020 in E.P.No.6 of 2016 in

HRCOP.No.65 of 2013 which was dismissed by the learned Rent

Controller -I by an order dated 15.12.2020 and in RCEP.NO.6 of 2016 in

HRCOP.No.65 of 2013 was ordered by an order dated 05.01.2021.

7.Aggrieved by the same, the Respondent/tenant in HRCOP.No.65 of

2013 the tenant in RCEP.No.6 of 2016 had filed this CRP seeking to set

aside the order on the file of the learned Rent