ORDER :

1. The appellant-landlord is before us questioning the common impugned order dated 18.09.2009 passed by the High Court of Judicature at Madras, pursuant to which the application filed by the respondent-tenants seeking condonation of delay of 175 days in questioning the ex-parte decree dated 27.02.2004 was allowed. In consequence thereof, ex-parte decree was set aside.

2. The operative part of the order passed by the High Court under the order impugned dated 18.09.2009 is quoted herein below :

“12. xxxxx

In the result, the Revision Petitions are allowed and the impugned orders passed by the Courts below are hereby set aside. The second petitioner is directed to pay a cost of Rs.5000/- to the respondent. The Rent Controller is directed to take RCOP 2270 and 2271 of 1994 on its file and dispose of the same on merits after giving opportunity to both sides for adducing necessary evidence. No costs.”

3. The brief facts manifest from the record are that the appellant-landlord initiated the rent control proceedings before the Rent Controller in RCOP Nos. 2270-2271/1994 impleading the present respondents as tenants. The Eviction Petition was filed primarily on three grounds ; (i) willful