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2008 Supreme(Mad) 1843

P.R.SHIVAKUMAR
K. Saravanakumar – Appellant
Versus
Sheela – Respondent


Advocates Appeared:
For the Petitioner:R. Karthikeyan, Advocate.
For the Respondent: -

Judgment :-

Heard the submissions made by Mr. R. Karthikeyan, learned counsel for the petitioner. Records available were also perused.

2. The landlord in whose favour the eviction order was passed, after successfully resisting the RCA and the CRP, filed an execution petition to execute the order of eviction. However, the judgment debtors preferred an Execution Application before the Rent Controller (executing court) for the stay of the eviction order pending disposal of a suit filed to establish their title in respect of the property concerned in both the suit and the RCOP.

3. The executing court chose to grant an order of stay staying the execution of the eviction order passed in the RCOP and confirmed by the Appellate and Revisional fora. The said order was challenged before this court in C.R.P.(NPD).No.2599 of 2004. This court by order dated 03.04.2007 passed the following order:

"21. On a careful consideration of the reasons stated by both sides and also considering the facts and circumstances of the case, this court is inclined to pass the following order.

1) The respondents are directed to deposit the arrears of rent of a sum of Rs.10,000/-(Rupees Ten thousand only) to the cre







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