Summary: In a recent court decision, Judge V. Lakshminarayanan instructed the Chennai Civil Court to continue with a case about a rental disagreement between K. Shivashankar and V. Suganya. The case had been stuck because of paperwork problems.
K. Shivashankar filed a case because he wants V. Suganya to leave his property. He also wants her to pay Rs. 2,40,000 for unpaid rent from July to December 2022. That's six months of rent at Rs. 40,000 per month.
"Telling the defendant to leave and give back the property to the plaintiff."
Shivashankar is also asking for Rs. 40,000 per month as payment for using the property until Suganya leaves it. This amount is for both past dues and future use.
The judge at first refused to handle Shivashankar's request. The judge said there was no specific rule allowing them to order Suganya to pay rent in such a case. Shivashankar tried to correct the request, but it was sent back twice because the earlier issues weren't fixed.
Judge V. Lakshminarayanan looked over the case. He said that under Section 94(e) of the Code of Civil Procedure, civil courts have wide powers to make orders to prevent unfairness. He mentioned a previous case to support this view.
"The power of civil Court is complete, unless specifically restricted."
The High Court told the civil court to assign a number to the application and proceed according to the law. This means the case can now move forward, and Suganya will have a chance to challenge it.
Judge Lakshminarayanan emphasized that the court's role at this stage is just to assign a number to the application, not to make any decisions yet.
The case is now moving forward in court.
