The High Court dismissed a civil revision petition challenging eviction and stay orders. The tenant failed to pay the mandated interim stay deposit, leading the court to vacate the stay and dismiss the revision, directing the trial court to resume proceedings.
Civil Revision Petition dismissed; stay vacated; trial court directed to proceed in RCOP No.278 of 2018.
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.
C.R.P.No.888 of 2020 and C.M.P.No.4715 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.10.2022
CORAM
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
C.R.P.No.888 of 2020
and C.M.P.No.4715 of 2020
Surya
...Petitioner
Vs.
K.Senthil Kumar ... Respondent
Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal orders dated 11.02.2020 passed in M.P.No.402 of 2018 in RCOP. No.278 of 2018 on the file of the XIV Small Causes Court, Chennai.
For Petitioner : Mr.M.P.Saravanan For Respondent : No appearance
ORDER
The present Civil Revision Petition is filed challenging the
orders passed in M.P.No.402 of 2018 on the file of the XIV Judge, Small Causes Court, Chennai, under Section 11(3) & 11(4) of Tamilnadu
Page 1 of 6
C.R.P.No.888 of 2020 and C.M.P.No.4715 of 2020
Buildings Lease and Rent Control Act.
2.The respondent/landlord filed RCOP No.278 of 2018 before
the XIV Small Causes Court, Chennai, seeking to evict the petitioner/tenant under Section 10(2)(i) of the Act from the petition mentioned property. During the pendency of the petition the landlord filed a petition in M.P.No.402 of 2018 under Sections 11 (3) & 11 (4) of the Act to stop all further proceedings in the RCOP as the tenant failed to pay the rents. The said petition was allowed by the learned XIV Judge, Small Causes Court, Chennai, vide his orders dated 11.02.2022 directing the tenant to pay the arrears of rent amounting to Rs.2,49,000/- on or before 06.03.2020 failing which further proceedings in RCOP would be stopped and consequential orders of eviction would also be passed.
3.Aggrieved over the same, the present Civil Revision Petition is filed by the revision petitioner / tenant.
Page 2 of 6
C.R.P.No.888 of 2020 and C.M.P.No.4715 of 2020
4.On 23.08.2022, this Court passed the following orders :
"During the morning mentioning hours, the Learned Counsel for the Petitioner sought an adjournment. It was refused as the Respondent's Counsel was not present in Court.
2. When the case came up for hearing, the Learned
Counsel for the Respondent submitted that the conditional order passed in the CMP.No.4715 of 2020 while grating interim stay had not been complied with till date.
3. From the perusal of the records, it is found that
on 27.02.2020 when the Civil Revision Petition came to be admitted, the then Learned Single Judge had issued notice to the Respondent returnable by 31.03.2020 and on the same day, interim stay also was granted with a condition that the Petitioner has to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) in MP.No.402 of 2018 in RCOP.No.278 of 2018
Page 3 of 6
C.R.P.No.888 of 2020 and C.M.P.No.4715 of 2020
on the file of the Learned XIV Small Causes Court, Chennai,
failing which, the interim stay granted would stand vacated automatically.
4. It is the submission of the Learned Counsel for the Respondent that the Petitioner had filed a Memo before the Court of the Learned XIV Judge Small Causes Court, Chennai, seeking time on the ground that he had not received a copy of the order passed in CMP.No.4715 of 2020 to enable him to deposit the amount.
5. The above ground cannot at all be accepted.
Since he is the Petitioner before this Court, who is aware of the order instead of seeking time, he should have filed a Memo and deposited the amount before the trial Court. This delaying tactics cannot be accepted. The stay already granted by this Court stands vacated.
6. Further, the Learned Counsel for the Respondent submitted that there is arrears of rent to be paid. If the arrears
of amount is not paid on or before 21.09.2022 before the XIV
Page 4 of 6
C.R.P.No.888 of 2020 and C.M.P.No.4715 of 2020
Small Causes Court, Chennai, the Civil Revision Petition itself will be dismissed.
7. Post this matter on 21.09.2022."
5.The learned counsel appearing for the revision petitioner
conceded that till date arrears of rent has not been paid by the tenant.
Accordingly, the Civil Revision Petition is dismissed. The trial Court is directed to proceed further in RCOP.No.278 of 2018 in accordance with
law. No costs. Consequently, connected Civil Miscellaneous Petition is closed.
10.10.2022
Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl
Page 5 of 6
C.R.P.No.888 of 2020 and C.M.P.No.4715 of 2020
R. HEMALATHA, J. mtl
To
C.R.P.No.888 of 2020 and C.M.P.No.4715 of 2020
10.10.2022
Page 6 of 6
3 issues framed by the court
Whether the Civil Revision Petition is validly dismissed for failure to comply with the condition precedent to maintain the interim stay.
Whether the tenant was justified in delaying the payment of interim deposit due to non-receipt of copies of orders.
What direction is to be given to the trial court after dismissal of the revision petition.
3 provisions across 2 enactments
Surya
K.Senthil Kumar
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
