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2021 Supreme(Mad) 685

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
Dinesh Kumar Jain - Petitioner
Versus
N. Ramesh - Respondent
CRP.NPD. Nos. 2723 & 2724 of 2013 & CRP.PD. Nos. 3361 & 3362 of 2015 & MP. Nos. 1 & 1 of 2013, 1 & 1 of 2015 & CMP. No. 13743 of 2016
Decided On : 11-03-2021

Advocates Appeared:
For the Petitioner:E. Om Prakash, Senior Counsel Assisted by P. Elayarajkumar for M/s. Ramalingam Associates, Advocates.
For the Respondent:M/s. R.T. Sundari for M/s. D. Malarvizhi, V.R. Kamalanathan, G. Shivasurya, Advocates.

The main legal point established is that valid reasons for failing to contest proceedings, such as the petitioner's purchase under the SARFAESI Act, can influence the court to set aside orders and direct the disposal of proceedings on merits.

Headnote:

Article 227 - Civil Revision Petition - Order XXI, Rule 35 of CPC, Section 18 of TNC Act, 1960 - The court discussed the orders of delivery of possession, fair and decreetal orders, and the dismissal of petitions to condone the delay in filing the set aside the exparte order. The legal provisions of Order XXI, Rule 35 of CPC and Section 18 of TNC Act, 1960 were interpreted and influenced the court's decision in setting aside the orders and directing the disposal of the rent control proceedings.

Fact of the Case:

The respondent filed eviction petition against the petitioner, claiming wilful default, acts of waste, and owner's occupation. The petitioner failed to contest the rent control proceedings and was set exparte. The petitioner filed petitions to set aside the exparte order with a delay of 978 days.

Finding of the Court:

The court found that the petitioner had valid reasons for failing to contest the rent control proceedings, as he had purchased the premises under the SARFAESI Act. The court set aside the orders and directed the disposal of the rent control proceedings on merits.

Issues: The issues revolved around the petitioner's failure to contest the rent control proceedings, the delay in filing the set aside the exparte order, and the validity of the respondent's claims of wilful default, acts of waste, and owner's occupation.

Ratio Decidendi: The court considered the petitioner's valid reasons for failing to contest the proceedings and the legal implications of the SARFAESI Act in setting aside the orders and directing the disposal of the rent control proceedings.

Final Decision: The court allowed all the civil revision petitions, set aside the orders, and directed the disposal of the rent control proceedings within three months.

JUDGMENT :

Prayer: The Civil Revision Petition is filed under Article 227 of the Constitution of India against the order of delivery of possession passed in EP.No.73 of 2011 in RCOP.No.22 of 2010 dated 28.06.2013 on the file of the Additional District Munsif at Vellore allowing the petition filed under Order XXI, Rule 35 of CPC and under Section 18 of TNC Act, 1960.

The Civil Revision Petition is filed under Article 227 of the Constitution of India against the order of delivery of possession passed in EP.No.74 of 2011 in RCOP.No.23 of 2010 dated 28.06.2013 on the file of the Additional District Munsif at Vellore allowing the petition filed under Order XXI, Rule 35 of CPC and under Section 18 of TNC Act, 1960.

The Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2015 passed in IA.No.53 of 2013 in RCOP.No.22 of 2010 on the file of the Principal District Munsif, Vellore.

The Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order dated 23.06.2015 passed in IA.No.54 of 2013 in RCOP.No.23 of 2010 on the file of the Principal District Munsif, Vellore.

1. The civil revision petitions in CRP.PD.No.2723 & 2724 of 2013 have been filed against the order of delivery of possession passed in EP.Nos.73 & 74 of 2011 in RCOP.Nos.22 & 23 of 2010 dated 28.06.2013 on the file of the Additional District Munsif at Vellore thereby allowing the petitions for delivery of possession. The civil revision petitions in CRP.PD.Nos.3361 & 3362 of 2015 have been filed against the fair and decreetal order dated 23.06.2015 passed in IA.Nos.53 & 54 of 2013 in RCOP.Nos.22 & 23 of 2010 on the file of the Principal District Munsif, Vellore thereby dismissing the petitions to condone the delay in filing the set aside the exparte order passed in Rent Control proceedings.

2. In all the civil revision petitions, the petitioner is the tenant and the respondent is the landlord. The respondent filed eviction petition on the ground of wilful default, acts of waste and owner's occupation. The case of the respondent is that the petitioner was inducted as tenant for non residential shop premises by unregistered agreement dated 01.08.1999 between the petitioner and the erstwhile owner's wife of the petition premises. On 18.06.2003, the respondent purchased petition premises for valid sale consideration and after the date of purchase of the petition premises, the respondent became absolute owner of the petition premises. Thereafter, the petitioner paid rent regularly to the respondent and from the month of April 2008, the petitioner failed to pay the rent. Further he also caused damages to the floors, doors and halls of the petition premises and not maintained properly. Since the respondent is carrying the business of beedi threads at large scale, he needs the petition premises for his own occupation to develop his business. On receipt of the notice from the learned Rent Controller, the petitioner failed to appear before the learned Rent Controller and as such he was set exparte and ordered eviction dated 07.10.2010.

3. Mr.E.Om Prakash, Senior counsel appearing for the petitioner submitted that the petitioner is the absolute owner of the petition premises having been purchased the same in auction sale under the SARFAESI Act. Sale was brought by the Indian Bank, Vellore under the SARFAESI Act. The petitioner was originally inducted as tenant by the erstwhile owner of the petition premises on 01.05.2000 and also entered into sale agreement. The erstwhile owner of the petition premises borrowed loan with the Indian Bank and thereafter he committed default. Therefore, the Indian Bank has initiated proceedings under the SARFAESI Act by issuing demand notice. Thereafter, the petition premises were brought for auction sale, in which the petitioner purchased the petition premises which was mortgaged with Indian Bank by the registered sale deed dated 13.0

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