The High Court dismissed a Civil Revision Petition challenging an execution order for eviction. The Court held that the plea of having handed over possession was already rejected in the original eviction proceedings and was barred by res judicata from being raised in execution.
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.(PD).No.3191 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2024
CORAM :
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
C.R.P.(PD).No.3191 of 2024 and C.M.P.No.17062 of 2024
.. Petitioners
Versus
Zeenat Banu .. Respondent
Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India to call for the record and strike of the E.P.No.55 of 2024 in R.L.T.O.P.No.130 of 2020 on the file of the learned Judge, XIII Small Causes Court, Chennai.
For Petitioner : Mr.A.Al Arfeen Ahamed
ORDER
This Civil Revision Petition arises at the instance of the judgment
debtors. There is no dispute about the relationship between the civil
revision petitioners/tenants and the respondent/landlord.
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petitioners/tenants and Ms.R.Supraja, learned Counsel for Mr.Prahlad Bhat, learned Counsel for the respondent/landlord.
the premises and handed over the possession of the property to the respondent/landlord. He would therefore state that the Execution Petition is
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not maintainable since the possession is not with the petitioners/tenants.
Apart from that, he would plead that the respondent/landlord had issued a notice through his lawyer on 22.05.2023 claiming not only the handing over of keys for the petition mentioned property, but, also for the payment of arrears of rent to a tune of Rs.12,93,675/- together with interest at the rate of 12% per annum. He would state that since possession has been handed over, the question of payment of Rs.12,93,675/- with or without interest does not arise. Hence, he pleads for the revision to be allowed and the Execution Petition to be dismissed.
been handed over to the respondent/landlord as early as in December, 2020
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was pleaded in R.L.T.O.P.No.130 of 2020. In fact, a memo had been filed by the civil revision petitioners/tenants on 27.09.2022 pleading that the possession had been handed over. Despite of the same, in paragraph No.6 of the order in R.L.T.O.P.No.130 of 2020, dated 02.02.2023, the Court, on its original side, had specifically found that the tenant had not given any proof for the handing over of possession. This finding had attained finality, because no appeal was preferred as against the said order of eviction.
the decree holder had made a demand for Rs.12,93,675/- together with
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interest is concerned, it is not the subject matter of the execution. In case a suit for recovery of the said amount is filed, it is always open to the civil revision petitioners to take a defence if it is open to them and get the suit dismissed on its own merits. Suffice it to say, for the purpose of disposal of this revision, the said plea is not germane at all.
09.08.2024
Index : yes/no Speaking order/Non-speaking order Neutral Citation : yes/no grs
To
The XIII Small Causes Court, Chennai.
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C.R.P.(PD).No.3191 of 2024
V.LAKSHMINARAYANAN, J.
grs
C.R.P.(PD).3191 of 2024 and C.M.P.No.17062 of 2024
09.08.2024
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1 issue framed by the court
Whether the plea that possession had been handed over to the landlord, already rejected in eviction proceedings, can be raised in execution proceedings?
2 provisions across 2 enactments
Sarfaraz Ahmed
Khalid Seraj
Zeenat Banu
V.Lakshminarayan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
