Madras High Court
Y.A.Nathan(Died) vs S.Bhoopalamoorthy on 18 June, 2021
CRP.NPD.No.1013 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.NPD.No.1013 of 2018
and CMP.No.5382 of 2018
Y.A.Nathan(died)
2.N.Amudha
3.N.Silambarasi
4.N.Sacrattice
5.N.Joy Veronica
(petitioners 2 to 5 brought on record as
LR's of the deceased sole petitioner viz
Y.A.Nathan vide court order dated
20.09.2019 made in CMP.No.
17998/2019 in CRP.No.1013 of 2018) ..Petitioners
Vs.
1.S.Bhoopalamoorthy
2.N.Gnanavel
3.K.Neelaveni
4.K.Rukmani
5.Y.Reginamary
(R5 brought on record as
LR of the deceased sole petitioner viz
Y.A.Nathan vide court order dated
20.09.2019 made in CMP.No.17996 in
in CRP.No.1013 of 2018) ..Respondents
PRAYER:
The Civil Revision Petition is filed under Section 25 of the Tamil
Nadu Buildings (Lease and Rent Control) Act to set aside the condition
imposed in the fair and decretal order dated 14.02.2018 in MP.No.157
of 2018 in RCA.No.123 of 2018 on the file of the IX Small Causes
Court at Chennai.
For Petitioners : M/s.B.Rama
1/6
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CRP.NPD.No.1013 of 2018
For Respondents : No appearance
ORDER
This Civil Revision Petition is filed to set aside the condition
imposed in the fair and decretal order dated 14.02.2018 in MP.No.157
of 2018 in RCA.No.123 of 2018 on the file of the IX Small Causes
Court at Chennai, thereby granted interim stay on condition that the
petitioner has to deposit a sum of Rs.1,84,000/- to the credit of
RCA.No.123 of 2018 on or before 15.02.2018.
2. The petitioner is the tenant and the respondent is the
landlord. The landlord filed eviction petition on the ground of wilful
default and owner's occupation. The learned Rent Controller ordered
eviction on both the grounds by the judgment and decree dated
25.03.2015. Aggrieved by the same, the tenant preferred appeal
before the learned Rent Control Appellate Authority and numbered the
RCA only in the year 2018 and moved stay petition to stay all further
proceedings of the judgment and decree passed by the learned Rent
Controller. It is also seen that after filing execution petition for
executing the judgment and decree of the learned Rent Controller and
the same was also ordered for delivery of possession and break open
in respect of the petition premises. At that juncture, the tenant moved
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CRP.NPD.No.1013 of 2018
stay petition before the learned Rent Control Appellate Authority.
Though the learned Rent Control Appellate Authority recorded all these
facts, granted interim stay on condition that the petitioner shall
deposit a sum of Rs.1,84,000/- as 50% of the arrears of rent on or
before 15.02.2018. Even thereafter, the tenant did not comply with
the same and filed the petition in MP.No.158 of 2018 for extension of
time. The tenant also challenged the interim order passed by the
learned Rent Control Appellate Authority before this Court in the
present Civil Revision Petition.
3. In the meantime, the tenant deposited only a sum of
Rs.90,000/- comes to 50% of the order passed by the learned Rent
Control Appellate Authority on 13.03.2018 and reported before this
Court. Considering the same, this Court granted interim stay of all
further proceedings of the Rent Control Appeal.
4. It is seen that the learned Rent Control Appellate Authority
ordered only a sum of Rs.1,84,000/- to be deposited by the tenant on
or before 15.02.2018. As stated supra, the RCOP is of the year 2012
and the same was decreed by the judgment and decree dated
25.03.2015. It was challenged only in the year 2018, that too without
paying any rent. Therefore, the tenant is not at all entitled for any
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CRP.NPD.No.1013 of 2018
leniency and he dragged the eviction proceedings for the past six
years from the date of judgment and decree passed by the learned
Rent Controller, that too without paying any rent. So far, he deposited
only a sum of Rs.90,000/- as arrears of rent in the account of
RCA.No.123 of 2018.
5. Therefore, this Court finds no merits in the present civil
revision petition and finds no infirmity or illegality in the order passed
by the learned Rent Control Appellate Authority, and this civil revision
petition is dismissed. The landlord is permitted to withdraw whatever
the amount deposited by the tenant before the Rent Control Appellate
Authority. The learned Rent Control Appellate Authority is directed to
dispose of the appeal in accordance with law on merits within a period
of three months from the date of receipt of copy of this order.
Consequently, connected miscellaneous petition is closed. No order as
to costs.
18.06.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
lok
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CRP.NPD.No.1013 of 2018
To
The IX Judge,
Small Causes Court
at Chennai.
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.1013 of 2018
G.K.ILANTHIRAIYAN,J.
lok
CRP.NPD.No.1013 of 2018
18.06.2021
https://www.mhc.tn.gov.in/judis/
