V. Ratnam, J.

1. This civil revision petition preferred under Article 227 of the Constitution of India questions the correctness of the order of the Rent Controller (District Munsif) Thiruthuraipoondi dismissing an application filed by the petitioner herein in E A. No. 123 of 1985 in E.P. No. 46 of 1985 in R.C.O.P. No. 11 of 1984, under Section 18(1) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act), and Rule 12 of the Rules framed under the Act.

2. According to the case of the petitioner, an ex parte order of eviction had been passed against him on 1.2.1985 and an application to set aside that order had been filed on 4.2.1985 under Rule 12(3) of the Rules in I A. No. 4 of 1985. Notice of that application was taken by the respondent herein and time for filing a counter was requested on 12.2.1985 and subsequently, time was extended for filing counter till 14.6.1985. Meanwhile, on 24.4.1985, the respondent is stated to have filed E.P. No. 46 of 1985 for executing the order of eviction obtained in R.C.O.P. No. 11 of 1984, and pursuant to the order for delivery, taken delivery on 25.4.1985, resulting in the dispossession of the petit