A single judge bench of the Madras High Court held that in the event of enormous delay in disposing of the Rent Control Proceedings and the Execution Petition, the rights of the parties would be prejudiced. Thus, in light of the fact that in the given case, already 11 years had lapsed and the revision petitioners were unable to execute the order of eviction, the court directed the Executing Court to dispose of the execution proceedings within a month only.
Brief Facts:
The revision petitioners, who are the landlords, filed RCOP No.9 of 2011 to evict the respondents from the subject premises. The RCOP was allowed and the respondents-tenants were directed to vacate the premises and handover vacant possession, within a period of one month. Since the respondents-tenants failed to vacate the premises and handover vacant possession to the revision petitioners-landlords, execution proceedings in EP No.94 of 2019 were filed. During the pendency of the execution proceedings, the respondents-tenants filed EA No.5 of 2021 and the Execution Court passed an order on 12.11.2021 rejecting the said application. Challenging the said order, the respondents-tenants filed CRP NPD) No.929 of 2022 and the Madras High Court by an order dated 29.07.2022 dismissed that Civil Revision Petition.
Contentions of the Petitioners:
The petitioners submitted that the Execution Petition is in progress and the Execution Court is not disposing of the Execution Petition and it is pending for the past more than 3 years. They relied on the Hon'ble Supreme Court’s decision in the case of Rahul S.Shah vs. Jinendra Kumar Gandhi [(2021) 6 SCC 418], wherein the Apex Court held that the Executing Court must dispose of the execution proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay. In the present case, as per the revision petitioners-landlords, the respondents-tenants are in occupation of the subject premises for the past more than 15 years. The RCOP was instituted in the year 2011 and the Execution Petition was filed in the year 2019.
Observations of the Court:
The judges accepted the contentions of the revision petitioners-landlords and held that in the event of enormous delay in disposing of the Rent Control Proceedings and the Execution Petition, the rights of the parties would be prejudiced. The revision petitioners-landlords in the present case, though initiated proceedings for eviction in the year 2011, already 11 years lapsed and they are unable to execute the order of eviction passed on 19.12.2013. This being the factum established, the court directed the Execution Court/Principal District Munsiff, Chidambaram to dispose of the execution proceedings in EP No.94 of 2019, within a period of one month from the date of receipt of a copy of this order.
Decision of the Court:
The Civil Revision Petition was disposed of with the aforementioned direction.
Case Title: P. Anbazhagan and another vs Sivakumar and others
Coram: Justice S.M. Subramaniam
Case No.: CRP No. 4064 of 2022
Advocate for the Petitioners: Mr. P.R. Thiruneelakandan
Advocate for the Respondents: Mr. R. Guru Raj (For R1 and R2) and None for R3 and R4
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