ORDER

The Civil Revision Petition is directed against the order dated

23.03.2021 passed in I.A.No.2 of 2021 in R.C.A.No.1 of 2019 on the file of the Rent Control Appellate Authority/Subordinate Court, Lalgudi, 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 filed the petition in R.C.O.P.No.3 of 2014, on the file of the learned Rent Controller/District Munsif, Lalgudi, claiming eviction on the grounds of wilful default in payment of rent, own use and occupation and demolition and reconstruction, against the revision petitioner.

3.The revision petitioner filed his counter statement and was contesting the eviction petition. The learned Rent Controller, considering the evidence adduced and on hearing arguments of both the sides, has passed an order on 05.10.2018 allowing the petition and directed the revision petitioner to vacate the petition mentioned property and handover the vacant possession of the same within one month from the date of that order. No doubt, the learned Rent Controller has passed the eviction order, accepting the ground of wilful default in payment of rent and rejected the other two grounds. Aggrieved by the eviction order, the tenant has preferred an appeal in R.C.A.No.1 of 2019 on the file of the Rent Control Appellate Authority/Subordinate Court, Lalgudi and the same is pending.

4.It is not in dispute that the respondent/landlord has laid the execution petition in E.P.No.1 of 2020, seeking delivery, that the Executing Court has passed an ex-parte order of delivery on 16.02.2021, that the revision petitioner has then filed an application in E.A.No.3 of 2021, staying the execution proceedings and another application in E.A.No.4 of 2021 for setting aside the ex-parte order passed on 16.02.2021 and that the learned District Munsif has passed an order on 24.03.2021, dismissing the stay petition and allowing the petition in E.A.No.4 of 2021 setting aside the ex-parte order of delivery. 5.It is also not in dispute that in meanwhile the revision petitioner has filed a petition in I.A.No.2 of 2021 under Section 23(2) of Tamil Nadu Buildings (Lease and Rent Control) Act, seeking orders to stay the execution proceedings in E.P.No.1 of 2020 pending on the file of the District Munsif Lalgudi. The respondent/landlord has filed the counter statement opposing for stay. The Rent Control Appellate Authority, after enquiry, has passed the impugned order on 23.03.2021, dismissing the stay petition. Challenging the said order of dismissal, the tenant has come forward with the present revision.

6.It is not in dispute that pending rent control appeal, the landlord has filed a petition under Section 11(3) of Tamil Nadu Buildings (Lease and Rent Control) Act, seeking direction to the tenant to pay the arrears of rent in I.A.No.1 of 2019 and the same is pending.

7. 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.”

8. Considering the above, it is clear that the appellant will be entitled to get stay order, only if he sho