O R D E R

The Civil Revision is directed against the order passed in I.A.No.20 of 2020 in R.C.A.No.7 of 2020, dated 30.11.2020 on the file of the Rent Control Appellate Authority/Principal Subordinate Court, Madurai, dismissing the petition for stay, filed under Section 23(2) of Tamil Nadu Buildings (Lease and Rent Control)Act.

2.The revision petitioner is the appellant/respondent/tenant. The respondent/landlord has filed the petition in R.C.O.P.No.31 of 2013 against the revision petitioner claiming eviction on the ground of Demolition and Reconstruction of the petition mentioned property under Section 14(1)(b) of Tamil Nadu Buildings (Lease and Rent Control)Act on the file of the Additional Rent Controller/Additional District Munsif, Madurai Town, Madurai.

3.The revision petitioner filed his counter and contested the eviction petition. The learned Rent Controller, upon considering the evidence adduced and on hearing the arguments of both the sides, has passed an order on 18.12.2019, allowing the Rent Control Petition, directing the revision petitioner to vacate the petition mentioned premises and handover the vacant possession of the property within one month. Aggrieved by the said order of eviction, the tenant has preferred an appeal in R.C.A.No.7 of 2020 on the file of the Rent Control Appellate Authority/Principal Subordinate Court, Madurai and the same is pending. Pending Rent Control Appeal, the appellant has filed a petition in I.A.No.20 of 2020 under Section 23(2) of Tamil Nadu Buildings (Lease and Rent Control)Act, seeking orders to stay all further proceedings and execution proceedings in R.C.O.P.No.31 of 2013 on the file of the Additional District Munsif, Madurai Town till the disposal of the rent control appeal.

4.The respondent/landlord filed his counter and contested the stay petition. The learned Subordinate Judge, after enquiry, has passed the impugned order on 30.11.2020, dismissing the same. Challenging the above said dismissal order, the appellant/tenant has filed the present civil revision.

5.The Appellate authority, by observing that the petitioner has not pleaded any reason warranting the order of stay, that the petitioner has not stated that there is imminent danger or if interim stay is not granted, he will be put to irreparable loss and hardship or else, the respondent is taking steps to either executing the decree or trying to evict him, that the petitioner's only reason is that he had filed the appeal, that the petitioner will not become entitled to get interim stay merely by filing the appeal and that since the petitioner has not pleaded any reason or sufficient cause, he is not entitled to get stay order, dismissed the petition.

6.Order 41 Rule 5 of Code of Civil Procedure deals with stay by Appellate Court and it is necessary to refer Sub Rule 1 and 3 of CPC.

“5. Stay by Appellate Court—

(1) An appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the Appellate Court may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree; but the Appellate Court may for sufficient cause order stay of execution of such decree.

(3) No order for stay of execution shall be made under sub-rule (1) or sub-rule (2) unless the Court making it is satisfied—

(a) that substantial loss may result to the party applying for stay of execution unless the order is made;

(b) that the application has been made without unreasonable delay; and (c) that security has been given by the applicant for the due performance of such decree or order as may ultimately be binding upon him.”

7. Considering the above, it is clear that the appellant will be entitled to get stay order, only if he shows sufficient cause and has to satisfy the Court that substantial loss may result to the appellant unless the order is made, that there is no unreasonable delay and that security has been given by the appellant for the due performance of such decree or