Madras High Court
Balasubramanian vs The Executive Officer on 9 November, 2021
C.R.P(NPD)(MD) No.1717 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.11.2021
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P(NPD) (MD)No.1717 of 2021
and
C.M.P(MD) No.9175 of 2021
Balasubramanian ... Petitioner / Respondent/
Respondent
Vs.
The Executive Officer,
Arulmigu Vedhapurreeswarar Swamy Thirukoil,
Thiruvedhikudi,
Kandiyur,
Thiruvedhikudi,
Thanjavur Taluk. ... 1st Respondent/petitioner/
petitioner
Jaithoon Beevi Ammal (died)
PRAYER:- Civil Revision Petition filed under Section 115 of the Code
of Civil Procedure, to set aside the order dated 27.09.2021 made in
E.P.No.69 of 2020 in P.T.No.434 of 2017 on the file of the Special
Deputy Collector cum Revenue Court, Thanjavur by allowing this civil
revision petition.
_________
Page 1 of 6
https://www.mhc.tn.gov.in/judis
C.R.P(NPD)(MD) No.1717 of 2021
For Petitioner : Mr.K.Guhan
ORDER
The judgment debtor is the revision petitioner before this Court
challenging the order dated 27.09.2021 passed in E.P.No.69 of 2020 in
P.T.No.434 of 2017 on the file of the Special Deputy Collector cum
Revenue Court, Thanjavur.
2.The facts in brief which are necessary to dispose of the above
civil revision petition are as follows:-
2.1.The respondent temple had filed a fair rent proceeding in FRP
No.160 of 1965 against several tenants including the petitioner's family.
The fair rent was fixed at 10 kalams per mah. This application was taken
on revision by the tenants before the Sub Court, Thanjavur in C.M.P.No.
78/66 and the same was allowed. Thereafter, the respondent Temple
moved Civil Court Second Appeal No.2436/76 before this Court. This
Court had upheld the right of the temple as owner and the right to collect
the rent from the tenants, who were tenants on a earlier rent. The temple
_________
https://www.mhc.tn.gov.in/judis
C.R.P(NPD)(MD) No.1717 of 2021
was entitled to receive rent at 10 kalams per mah. The deceased
respondent had sublet the property to the petitioner herein.
2.2.It appears that in the proceedings in FRP No.160/1965, the rent
was fixed at 55 kalams per year and the rent due from the petitioner was
55 kalams per year. Therefore, since the petitioner has not come forward
to clear the arrears, the respondent temple had moved an application in
P.T.No.434 of 2017 before the Revenue Court, Thanjavur, for evicting
the respondent from the premises and delivering the possession thereof.
The said application was allowed by the Revenue Court by order dated
20.07.2018. This order was sought to be executed by filing the execution
proceedings in E.P.No.69 of 2020 before the Special Deputy Collector
cum Revenue Court, Thanjavur. By order, dated 27.09.2021, the
Special Deputy Collector cum Revenue Court, Thanjavur was pleased to
direct the petitioner herein to vacate and hand over the possession. This
order has been challenged in this revision.
_________
https://www.mhc.tn.gov.in/judis
C.R.P(NPD)(MD) No.1717 of 2021
3.The learned counsel appearing for the petitioner would submit
that the Court below has totally misdirected itself in levying the rent
from the year 1984 till 2015-2016 and the respondent temple has not
established the receipt of the rent etc. He would therefore submit that the
order cannot be executed and sought for dismissal of the order in E.P.No.
69 of 2021.
4.Heard the learned counsel for the petitioner and perused the
records.
5.Admittedly, the revision petitioner has not chosen to challenge
the order passed by the Special Deputy Collector cum Revenue Court,
Thanjavur in P.T.No.434 of 2017 and this order has attained finality.
The petitioner cannot question the legality of the order passed in P.T.No.
434 of 2017, when the present proceeding is the subsequent action to
enforce the said order. It is needless to say that the executing Court
cannot go behind the order.
_________
https://www.mhc.tn.gov.in/judis
C.R.P(NPD)(MD) No.1717 of 2021
6.In these circumstances, there is no merit in the revision and
accordingly, this Civil Revision Petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
09.11.2021
Index:Yes/No
Internet:Yes/No
cp
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
To:-
Special Deputy Collector cum Revenue Court,
Thanjavur.
_________
https://www.mhc.tn.gov.in/judis
C.R.P(NPD)(MD) No.1717 of 2021
P.T.ASHA, J.
cp
C.R.P(NPD) (MD)No.1717 of 2021
and
C.M.P(MD) No.9175 of 2021
09.11.2021
_________
https://www.mhc.tn.gov.in/judis
