JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Order 43 Rule 1(Q) of the Civil Procedure Code against the fair and decretal order made in I.A.No.1 of 2020 in O.S.No.238 of 2020, dated 30.3.2021, on the file of the learned Sessions Judge, Mahila Court, Tiruchirappalli.)

This Civil Miscellaneous Appeal is directed against the order passed by the Trial Court under Order 38 Rule 5 of the Civil Procedure Code, attaching the immovable property.

2. The brief back-ground leading to the filing of the appeal is as follows:

The appellant was a tenant under the respondent herein. As he committed wilful default, proceedings have been initiated against him in R.C.O.P.No.117 of 2015. In the meanwhile, the respondent had also filed an application for fixing the fair rent in R.C.O.P.No.126 of 2015 and the learned Rent Controller has fixed the fair rent at Rs.29,700/-p.m. As the arrears are accumulated and the matter has reached its finality, for recovery of the arrears amount of Rs.16,07,900/- with interest at the rate of 12% pa. The suit has been filed in O.S.No.238 of 2020 for recovery of money. It is to be noted that the suit has been filed on 12.10.2020. At the time of filing the suit, an