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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. BHAVANI SUBBAROYAN, J.
Malarvizhi & Others – Appellant
Versus
Selvam Ammal – Respondent
C.R.P. (NPD) No. 699 of 2021
Decided On : 26-03-2021
Constitution of India, 1950 – Article 227 – Delivery of possession – Respondent being the landlady filed a RCOP No.33 of 2009 on the file of the Rent Controller, Vellore, against the tenants/petitioners herein. – Rent Controller, Vellore vide order directed the petitioners herein to vacate and handover the petition mentioned building and put the respondent herein into the possession of the petition mentioned building within 15 days from the date of order and the petitioners herein are liable to pay Rs.1,00,000/- as realistic costs to the respondent herein. – In view of the aforesaid order, the respondent herein had filed E.P. against the petitioners herein for the delivery of the possession. Against the aforesaid order petitioners had filed a Rent Control Appeal in R.C.A. on the file of the Principal Sub Court, Vellore, against the landlady/respondent herein. – Pending the aforesaid RCA, the petitioners had filed I.A. for staying all other proceedings in the order in RCOP – Same was dismissed by order on the ground of irregular payment on rent made by the tenants/petitioners herein. Being aggrieved, the petitioners had filed CRP (NPD) before this Court praying for to dispose of the aforesaid RCA within a time frame to be fixed by this Court since the landlady/respondent herein had filed an E.P. for delivery of possession against the petitioners herein – Civil Revision Petition filed under Article 227 of the Constitution of India praying for to set aside the order passed in E.A. Sr. in E.P. in R.C.O.P. on the file of the Additional District Munsif, Vellore –
Finding of the Court: On a perusal of the record, it is admitted fact that the material records have not been returned to the Court below even though this Court directed the Court below and parties concerned by order – In the absence of the material records, the Court below could not proceed the R.C.A. proceedings and the same is pending awaiting the records sent by the Court below. – Court directs the Assistant Registrar, (Vernacular Section) to return the entire material records pertaining to the R.C.A. and related documents received from the Court below on or before 31.03.2021 without any further delay. – On receipt of the entire case bundles pertaining to it, the Court below shall proceed with the case further on 19.04.2021. – Parties concerned are directed to appear before the Appellate Court when the matter is listed for hearing enabling to dispose of the case as expeditiously as possible. – As it is not a fault on the side of the parties in not returning the entire bundles of the Court below, Status Quo shall be maintained in respect of Execution Proceedings till the disposal of the R.C.A. No.1 of 2018. –
Result: Civil Revision Petition Disposed of
JUDGMENT :-
(Prayer: This Civil Revision Petition filed under Article 227 of the Constitution of India praying for to set aside the order dated 23.02.2021 passed in E.A. Sr. No.2686 of 2020 in E.P. No.125 of 2017 in R.C.O.P. No.33 of 2009 on the file of the Additional District Munsif, Vellore.)
1. This Civil Revision Petition has been filed under Article 227 of the Constitution of India praying for to set aside the order dated 23.02.2021 passed in E.A. Sr. No.2686 of 2020 in E.P. No.125 of 2017 in R.C.O.P. No.33 of 2009 on the file of the Additional District Munsif, Vellore.
2. The brief facts of the case are as follows:
The respondent being the landlady filed a RCOP No.33 of 2009 on the file of the Rent Controller, Vellore, against the tenants/petitioners herein. The learned Rent Controller, Vellore vide order dated 17.11.2017, directed the petitioners herein to vacate and handover the petition mentioned building and put the respondent herein into the possession of the petition mentioned building within 15 days from the date of order and the petitioners herein are liable to pay Rs.1,00,000/- as realistic costs to the respondent herein. In view of the aforesaid order, the respondent herein had filed E.P. No.125 of 2017 against the petitioners herein for the delivery of the possession. Against the aforesaid order dated 17.11.2017, the petitioners had filed a Rent Control Appeal in R.C.A. No.1 of 2018 on the file of the Principal Sub Court, Vellore, against the landlady/respondent herein. Pending the aforesaid RCA, the petitioners had filed I.A. No.1 of 2018 for staying all other proceedings in the order dated 17.11.2017 in RCOP No.33 of 2009. The same was dismissed by order dated 16.07.2018 on the ground of irregular payment on rent made by the tenants/petitioners herein. Being aggrieved, the petitioners had filed CRP (NPD) No.2469 of 2019 before this Court praying for to dispose of the aforesaid RCA within a time frame to be fixed by this Court since the landlady/respondent herein had filed an E.P. No.125 of 2017 for delivery of possession against the petitioners herein. This Court by order dated 21.01.2020 directed the learned Sub-ordinate Judge, Vellore, to dispose of RCA No.1 of 2018 within a period of eight weeks from the date of receipt of copy of that order. According to the aforesaid order, when RCA No.1 of 2018 was listed before the Appellate Court, a memo was filed before it by the petitioners herein with regard to the direction of this Court. Recording the said memo, both parties were directed to appear before the Court below on 05.02.2020 and produce the aforesaid order copy passed by this Court in CRP (NPD) No.2469 of 2019. When the matter was taken up on 05.02.2020, there was no representation on the side of the tenants /petitioners herein. Hence, the matter was adjourned to 07.02.2020 for the appearance of the tenants/petitioners herein. On that day also, some of the tenants/petitioners were absent. As there was no representation on behalf of the petitioners herein, the learned Rent Controller Appellate Authority has dismissed RCA NO.1 of 2018 by order dated 07.02.2020. Aggrieved by the above order, the tenants/petitioners have filed CRP No.1194 of 2020 before this Court. This Court, by order dated 18.03.2020, allowed the petition by directing the learned Rent Controller Appellate Authority to grant an opportunity to contest their case and dispose of RCA No.1 of 2018 within the time frame fixed by this Court as per order dated 21.01.2020 passed in C.R.P.(NPD) No.2469 of 2018. Subsequent to the filing of E.P. No.125 of 2017 in RCOP No.33 of 2009, for delivery of possession against the petitioners herein as per the order dated 17.11.2017 of the Rent Controller, Vellore, the petitioners have filed E.A.Sr. No.2686 of 2020 in E.P. No.125 of 2017 in RCOP No.33 of 2009 seeking for stay all further proceedings in the execution petition wherein the learned Additional District Munsif has dismissed the aforesaid application on
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