BEFORE THE RENT CONTROL APPELLATE AUTHORITY

IN THE COURT OF THE VII SMALL CAUSES JUDGE AT CHENNAI

R.C.A. No. 798 OF 2018

IN

R.C.O.P. No. 1195 OF 2015

(On the file of XIII Small Causes Court, Chennai)

Mrs. Sucharita Gunasekaran,

W/o. Muthian Gunasekaran,
23147, Canzonet Street,
Woodland Hills, CA 91367,
United States of America …
Appellant/Petitioner/Landlady

VERSUS

Mr. B.A. Chandrashekara Setty,

New No.2, “Padmalaya”,
Taylor’s Road
Kilpauk, Chennai, 600 010 …
Respondent/Respondent/Tenant

OBJECTIONS FILED BY THE RESPONDENT

1. The Appellant above filed R.C.O.P. No. 1195 of 2015 against the Respondent
for eviction on the ground of ceasing to occupy. The Trial Court after taking
into consideration of the evidences adduced on both the sides and after
hearing the arguments dismissed the R.C.O.P. filed by the Appellant. It was
proved before the Trial Court that the Appellant came forward with a false
case as if the premises was not put to any use. By producing the document
 evidence, the Respondent proved before the Trial Court that the Appellant
came to the court with unclean hands.

2. Now, the Appellant filed the present memo seeking permission to withdraw
the appeal with liberty to file an appropriate proceeding under the new act.
Section 47 of The Tamil Nadu Regulation of Rights and Responsibilities of
Landlords and Tenants Act, 2017 clearly stipulates that existing case should
go on. However, the permission has been given under the same provisions to
withdraw the proceedings and initiate fresh proceedings under the new act.
In such a situation, the Respondent cannot stand in the way of withdrawing
the present appeal. However, the present objections may be recorded and the
Appellant may be permitted to withdraw the appeal.

Dated at Chennai on this day of August, 2019

Counsel for Respondent

 BEFORE THE RENT
CONTROL
APPELLATE
AUTHORITY

IN THE COURT OF
SMALL CAUSES AT
CHENNAI

R.C.A. No. 798 OF 2018

Mrs. Sucharita Gunasekaran

…Appellant

Vs.

Mr. B.A. Chandrashekara Setty

…Respondent

OBJECTIONS FILED BT THE RESPONDENT

M/s. P.B.
RAMANUJAM
P.B. BALAJI
V. SIVAKUMAR
 COUNSEL FOR
RESPONDENT