The main legal point established in the judgment is that execution proceedings under Section 18 of the Tamil Nadu Buildings Lease and Rent Control Act, 1960, cannot be circumvented, and eviction of a tenant by a successful landlord can only be done under Section 18.

JUDGMENT

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the order dated 24.01.2023, passed in I.A.No.7 of 2023 in I.A.No.2 of 2022 in R.C.O.P.No.13 of 2022, on the file of the District Munsif Court, Karaikudi.)

1. This Civil Revision Petition is directed against the impugned fair and decreetal order dated 24.01.2023, passed by the learned District Munsif, Karaikudi, in I.A.No.7 of 2023 in I.A.No.2 of 2022 in R.C.O.P.No.13 of 2022. Relevant portion of the impugned order reads as under:-

''''This Court is of the considered opinion that Section 11(2) and Section 11(4) of TNBLRCA petition is not pending before this Court. Meanwhile the Petitioner in I.A.No.02/2022 has filed 3 petitions under Section 151 of CPC for break open of outer door, Police help and VAO help. This Court is inclined to return all the 3 separate applications and direct the petitioner in I.A.No.02/2022 to file a separate execution petition to comply the order of this Court dated 01/12/2022. Further, the Court directs the registry to return the delivery batta and connected application if any.''''

2. The petitioner a landlord had filed R.C.O.P.No.13 of 2022 [formerly R.C.O.P.No.2 of 2018] before the District Munsif Court, Karaikudi, against the respondent for wilful default of the rent and for delivery of possession of the leased property as the respondent failed to pay the rent after 2011.

3. The respondent was set ex parte on 28.04.2018. Since the respondent failed to pay the rent, the Rent Controller, therefore, directed the respondent to vacate the suit property and hand over vacant possession to the petitioner directly within a period of 2 months from the date of the ex parte order on 28.04.2018. The said ex parte order dated 28.04.2018 was later recalled.

4. Later, a fresh order dated 01.12.2022 was passed in R.C.O.P.No.13 of 2022. Relevant portion of the order dated 01.12.2022 of the Rent Controller reads as under:-

''''In the result, this petition is allowed as prayed for. Eviction is hereby ordered. The respondents/tenants are hereby directed to vacate and handover the vacant possession of the schedule premises to the petitioner within one month from the date of this order. This Court also directs the respondents/tenants to pay the remaining arrears of monthly rent to the Landlord within one month from the date of this Order.''''

5. Under these circumstances, the petitioner filed I.A.No.2 of 2022 under Section 11(2) and 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960, before the District Munsif Court, Karaikudi and prayed for a direction to direct the respondent to deposit the arrear rent of Rs. 22,500/- and incase of failure to pay the aforesaid arrears of rent, to hand over the possession of the property to the petitioner.

6. Therefore, an order came to be passed on 12.07.2022 in I.A.No.2 of 2022. The Rent Controller directed the respondent to pay the arrears of rent from September 2019 to June 2022 at the rate of 1500/- per month by way of demand draft to the petitioner on or before 28.07.2022.

7. The Rent Controller also directed the respondent to pay all the future rent to the petitioner or to his counsel on or before 10th of every succeeding English Calendar month till the disposal of R.C.O.P. The order further stated that failure to pay the rent will result in eviction order being passed against the respondent. Relevant portion of the order dated 12.07.2022 reads as under:-

''''7. Considering the entire facts and circumstances of the case, this Court direct the tenant to pay all the arrears of rent from September 2019 to June 2022 at the rate of Rs.1500/- per month by way of demand draft to the landlord on or before 28.07.2022. The tenant is directed to pay all the future rent to the landlord or his counsel on or before the 1