R.Kumari vs C.Jayaraman
2021 Latest Caselaw 12447 Mad

                                                                                        C.R.P.No.502 of 2021
                                          IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         Dated :25.06.2021

                                                            CORAM

                                   THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                                 C.R.P.No.502 of 2021 and
                                                  C.M.P. No.4359 of 2021

                     1. R.Kumari
                     2. S.Shanthi                                     ... Petitioners

                                                                             Vs.

                     C.Jayaraman                                             ... Respondent

                               Civil Revision Petition is filed under Article 227 of the Constitution of

                     India to set aside the docket order dated 01.03.2021 in I.A.No.1 of 2021 in

                     E.S.No.6 of 1999 and consequently direct the IV Small Causes Court,

                     Chennai to decide the I.A.No.1 of 2021 in E.S.No.6 of 1999 and

                     consequently direct the learned IV Small Causes Court, Chennai to decide

                     the I.A.No.1 of 2021 in E.S.No.6 of 1999 on merits and in accordance with

                     law.



                                        For Petitioner          : Mr.S.Raveekumar




                     1/9


https://www.mhc.tn.gov.in/judis/
                                                                                   C.R.P.No.502 of 2021
                                                         ORDER

The present Civil Revision Petition has been filed under Article 227

of Constitution of India seeking to set aside the Docket Order dated

01.03.2021 in I.A.No.1 of 2021 in E.S.No.6 of 1999 and consequently,

direct the learned IV Small Causes Judge, Small Causes Court, Chennai

to decide the I.A.No.1 of 2021 on merits in accordance with law.

2. The facts leading to the present case is that an Ejectment Suit in

E.S.No.6 of 1999 was filed by the respondent under Section 41 of the

Presidency Small Causes Court Act, 1882 seeking a prayer for Ejectment

of the defendants therein from the respondent / plaintiff's land in Survey

No.37/20, new T.S.No.27, Block No.1, Kodambakkam Village, bearing

Door No.25, Alagarperumal Koil Street, Vadapalani, Chennai – 26

admeasuring about 4,815 square feet, as described in the schedule to the

petition. The written pleas were initially filed by the petitioners / defendants

5 and 6 therein. The Small Causes Court initially dismissed the suit for

non-prosecution by order dated 16.06.2003, which was later on restored to

file on petition filed by the respondent/plaintiff herein. However, finally by

Judgment and Decreetal order dated 06.01.2018, the IV Small Causes

Court, Chennai, had ordered the issues framed therein in favour of the

https://www.mhc.tn.gov.in/judis/ C.R.P.No.502 of 2021 respondent/ plaintiff. After the suit being decreed in his favour, the

respondent / plaintiff, decree holder had filed Execution Petition before the

Registrar of Small Causes Court, Chennai seeking execution of the decree

dated 06.10.2018 as against the defendants therein. Meanwhile, I.A.No.1

of 2021 in Ejectment Suit No.6 of 1999 has been filed by the petitioners /

th th

5 and 6 defendants in the Ejectment Suit to stay all further proceedings

in Execution Petition No.132 of 2019 along with the petition for condoning

the delay of 786 days in filing the petition to set aside the exparte decree in

Ejectment Suit in E.J.S.No.6 of 1999 dated 06.01.2018

3. From the perusal of the documents placed on record and on

hearing the learned counsel for the petitioners it could be seen that the

notice to the respondent/plaintiff was ordered by the IV Small Causes

Court, Chennai and thereafter, the said court has returned the papers filed

by the revision petitioners herein on the ground that “This petition is

wrongly taken by this court, as E.P., is pending before the Registrar of

Small Causes Court, hence this petition is returned to be presented before

the Registrar of Small Causes Court, Chennai. As against the said return,

the present Revision Petition is filed by the Revision Petitioners herein.

Further, the learned counsel for the petitioners also contended that the

https://www.mhc.tn.gov.in/judis/ C.R.P.No.502 of 2021 Small Causes Court ought not to have returned the I.A., filed by the

Revision Petitioners on the ground that since the E.P., is pending before

the Registrar, the petition is also to be presented before the Registrar,

which is incorrect and it is the court, which has got jurisdiction to try the

I.A., and pressed upon this Court to set aside the docket order.

4. Heard the learned counsel for the petitioners and perused the

materials placed on record.

5. At this juncture, it is pertinent to point out that the following

provisions of the Presidency of Small Cause Courts Act, 1882 are relevant

to decide the issue:

“ Section 14: Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees- The State Government may invest the Registrar with the powers of a Judge under this Act for the trial of suits in which the amount or value of the subject-matter does not exceed twenty rupees. And subject to the orders of the Chief Judge, any Judge of the Small Cause Court may, whenever he thinks fit, transfer from his own file to file of the Registrar any suit which the latter is competent to try.

Section 35: Registrar may execute all decrees with the same powers as a Judge – The Registrar may receive applications for the execution of decrees of any value passed

https://www.mhc.tn.gov.in/judis/ C.R.P.No.502 of 2021 by the Court, and may commit and discharge Judgment – debtors, and make any order in respect thereof which a Judge of the Court might make under this Act Section 41:Summons against person occupying property without leave- When any person has had possession of any immovable property situate within the local limits, of the Small Cause Court's jurisdiction and of which the annual value at a rack-rent does not exceed [two] thousand rupees, as the tenant, or by permission, of another person, or of some person through whom such other person claims, and such tenancy or permission has determined or been withdrawn, and such tenant or occupier or any person holding under or by assignment from him (hereinafter called the occupant) refuses to deliver up such property in compliance with a request made to him in this behalf by such other person, such other person (hereinafter called the applicant) may apply to the Small Cause Court for a summons against the occupant, calling upon him to show cause, on a day therein appointed, why he should not be compelled to deliver up the property.”

6. On going through the abovesaid provisions, especially, Sections

14 and 35 of the Presidency Small Cause Courts Act, 1882, the Registrar

is empowered and invested with the powers of a Judge in a suit not

https://www.mhc.tn.gov.in/judis/ C.R.P.No.502 of 2021 exceeding Rs.20/- as declared by the respondent / plaintiff before the

Small Causes Court. As far as Section 35 of the said Act speaks that the

Registrar is vested with the power to receive the application for the

execution of the decree of any value passed by the court and may commit

and discharge judgment-debtors and thereafter, make any order in respect

thereof, which a Judge of the Court may make under this Act.

7. On a careful perusal of Section 35 of the said Act, it is clear that

the Registrar is only empowered to receive any application in connection

with for execution of the decree of any value passed by the court and

make any order in respect thereof, would mean that the Registrar is

empowered to pass any order in respect of the execution proceedings or

execution application taken by the parties in connection with the execution

of the decree of any value passed by the small Causes Court, which

originally decreed the suit.

8. In so far as I.A.No.1 of 2021, which is an interlocutory application

th th

taken by the petitioners / 5 and 6 defendants in Ejectment Suit No.6 of

1999 is concerned, on a conjoint reading of the application filed by the

https://www.mhc.tn.gov.in/judis/ C.R.P.No.502 of 2021 revision petitioners herein with the above provision, viz., Section 35 of the

Presidency Small Causes Court Act, 1982, the stay petition can only be

decided by the original court, which had passed the decree. Further,

Section 35 of the said Act gives the limited power to the Registrar of the

Small Causes Court to execute such decree passed by the small causes

court of any value and while executing the decree, the Registrar is vested

with the power to pass any order in connection to the execution of

proceedings. Whereas, the application filed in I.A.No.1 of 2021 is to stay

the original exparte decree dated 06.01.2018, which can be decided only

by the concerned court and not by the Registrar. As far as deciding the

stay application is concerned, the same is not incidental to the Registrar's

power to pass orders in connection with the execution proceedings. The

power to decide the application is only vested to the Courts and not with

the Registrar.

9. Under these circumstances, this Court has no hesitation in setting

aside the docket order dated 01.03.2021 in I.A.No.1 of 2021 in E.S.No.6 of

1999 and the same is set aside. Accordingly, the Present Civil Revision

Petition is allowed with a direction to the IV Small Causes Court, Chennai

to decide the I.A.No. 1 of 2021 in E.S.No.6 of 1999 on merits and in

accordance with law. Consequently, connected miscellaneous petition is

https://www.mhc.tn.gov.in/judis/ C.R.P.No.502 of 2021 closed. No costs.

25.06.2021

Index : Yes/No Internet : Yes/No Speaking /Non-Speaking Order

To

1. The IV Small Causes Court, Chennai

2. The Section Officer, V.R.Section, High Court, Madras

V.BHAVANI SUBBAROYAN, J.,

ssd

https://www.mhc.tn.gov.in/judis/ C.R.P.No.502 of 2021

C.R.P.No.502 of 2021 and C.M.P. No.4359 of 2021

25.06.2021

https://www.mhc.tn.gov.in/judis/