In a civil revision petition challenging an eviction and delivery order, the Madurai Bench held that the executing court could not wait indefinitely for the tenant's appeal, which was not yet numbered, and properly proceeded with execution.
The Civil Revision Petition is dismissed with direction to return the deposited Demand Draft of Rs.25,000/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.08.2018
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
CRP (MD)No.522 of 2018 (NPD) and CMP(MD)No.2284 of 2018
M.Ganapathiraj ... Petitioner/Respondent/Tenant
Vs.
M.Masilamani ... Respondent/Petitioner/Land lord
Prayer : This Civil Revision Petition is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, to set aside the order of the learned Rent Controller cum Principal District Munsif and Judicial Magistrate No.1, Srivilliputhur in EP.No.13 of 2017 in RCOP No.10 of 2014 dated 01.02.2018 .
For Petitioner : Mr.M.Ganapathiraj Party in person For Respondent : Mr.K.Sudalaiyandi
ORDER
The tenant is the revision petitioner herein. He appears as party in person before this Court. He suffered an order of eviction in RCOP.No.10 of 2014 filed before the Rent Controller, Srivilliputhur. The eviction order was passed as early as on 21.11.2016. This Court posed a specific question to the tenant/revision petitioner herein. This Court wanted to know as to whether this eviction order was challenged by filing a R.C.A and any interim order of stay was obtained. The tenant replied that he had filed RCA and that it is at the stage of condone delay and is yet to be numbered.
2.When the RCA is not yet even been numbered, the executing court cannot be indefinitely wait. Therefore, the execution petition was rightly proceeded with. This Court cannot fault the https://hcservices.ecourts.gov.in/hcservices/ execution court for passing the impugned order of delivery. There is no merit in this Civil Revision Petition. It stands dismissed. The learned counsel for the tenant/revision petitioner
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submits that he deposited a Demand Draft for a sum of Rs.25,000/-. The learned rent controller is directed to return the said Demand Draft to the tenant immediately. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CO)
/True Copy/
Sub Assistant Registrar(CS-I)
To
The Rent Control cum Principal District Munsif and Judicial Magistrate No.1, Srivilliputhur.
+1cc to M/S.M.Ganapathiraj, Party-in-Person SR.No. 78501 +1cc to M/S.K.Sudalaiyandi, Advocate SR.No. 78387
CRP (MD)No.522 of 2018 (NPD) and CMP(MD)No.2284 of 2018 13.08.2018
skm
JM/RP/SAR 1/03.09.2018/2P/4C
3 issues framed by the court
Whether the execution court can proceed with delivery when the tenant's timely appeal (RCA) is pending classification.
Whether the duration in which the tenant filed the appeal affects the merit of the revision petition.
Whether the Rev. High Court should interfere with the decision of the executing court to proceed with delivery.
1 provisions across 1 enactments
M.Ganapathiraj
M.Masilamani
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
