V.Govindasamy vs T.V.R.C.Kannan (Dead) By Lrs.

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 9283 OF 2014

V.GOVINDASAMY Appellant(s)

VERSUS

T.V.R.C.KANNAN (DEAD) BY LRS. Respondent(s)

J U D G M E N T

KURIAN, J.

1. This is a case where the Rent Controller,

Tiruchirapalli, passed an order under Section 11(4)

of the Tamil Nadu Buildings (Lease and Rent Contorl)

Act 18 of 1960. The learned counsel for the

appellant submits that he has cleared all arrears of

rent up-to-date. Since the impugned order is passed

under Section 11(4), we are of the view that the main

petition filed under Section 10(2) of the Act for

eviction has to be considered on merits.

2. Therefore, without expressing any opinion on

various submissions advanced by the learned counsel

for the appellant and Mr. Balaji Srinivasan, who

assisted us as Amicus Curiae, we set aside the

impugned orders passed by the Rent Controller, Signature Not Verified

Tiruchirapalli, the Appellate Court and the High Digitally signed by JAYANT KUMAR ARORA Date: 2018.12.24 16:38:35 IST Reason:

Court and remit the Rent Control Petition to the Rent

Controller, Tiruchirapalli for consideration on 2

merits.

3. Since there is no appearance on behalf of the

respondents, we direct the Rent Controller to issue

fresh notice to the parties and being a matter of

1991, the petition itself may be disposed of

expeditiously and in any case, within three months

from the date of first posting.

4. In view of the above, the appeal is disposed of.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ HEMANT GUPTA ]

New Delhi;

November 13, 2018.