1

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 10.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR

C.R.P.(NPD).No. 1033 of 2020

and CMP.No. 5639 of 2020

M.Gunasekaran,

Proprietor, M/s. Guna Enterprises

...Petitioner

Vs

V.C.Thiyagarajan

...Respondent

PRAYER Civil Revision Petition filled under Section 25 of Tamilnadu

Building Lease & Rent Control Act, 1969 to set aside the fair and

decreetal order dated 04.01.2020 made in RCA.810 of 2018 on the file of

VIII Small Causes Court (Rent Control Appellate Authority) in

confirming the fair and decreetal order dated 21.08.2018 made in M.P.

No. 41/2017 on the file f the XIII Small Causes Court, Chennai and

consequently allow the said M.P. No. 41 of 2017 in RCOP.No. 1211 of

2016.

For Petitioner

: M/s.N.S.Sivakumar

For Respondent

: M/s. N.S. Manoharan

(Caveator)

http://www.judis.nic.in

2

http://www.judis.nic.in

3

ORDER

Civil Revision Petition is filed to set aside the fair and decreetal

order dated 04.01.2020 made in RCA.810 of 2018 on the file of VIII

Small Causes Court (Rent Control Appellate Authority) in confirming the

fair and decreetal order dated 21.08.2018 made in M.P. No. 41/2017 on

the file f the XIII Small Causes Court, Chennai and consequently allow

the said M.P. No. 41 of 2017 in RCOP.No. 1211 of 2016.

2. Heard both sides and perused the documents available on

record.

3. The learned counsel for the revision petitioner has submitted

that the respondent has filed RCOP. No. 1211 of 2016 on the file of the

XIII Small Causes Court, Chennai for eviction against the revision

petitioner on the ground of wilful default under Section 10(2)(1) of the

Rent Control Act.

4. The learned counsel for the revision petitioner further submitted

that the revision petitioner was set exparty. The revision petitioner has

http://www.judis.nic.in

4

filed application in M.P.No. 41 of 2017 to set aside the exparty along

with the application to condone the delay of 386 days . The Court below

had dismissed the said application for the reason that no proper evidence

have been produced to substantiate the reasons stated by the revision

petitioner. Against the said order, the revision petitioner has filed RCA

No.810 of 2018, the said RCA was also dismissed by the Court below,

confirming the order passed in M.P. No. 41 of 2017. Challenging the

same, the present Revision Petition is filed.

5. The submissions made by the learned counsel for the revision

petitioner and the reasons adduced in the affidavit that the revision

petitioner came to know about the exparte decree passed against him

only at the time of receiving notice in the execution proceedings and that

he suffered from age ailments and that his counsel's inability to attend the

court due to the accident, have been considered by this Court.

6. The learned counsel for the respondent has agreed to proceed

with RCOP on depositing the arrears amount in the court. The learned

http://www.judis.nic.in

5

counsel for the revision petitioner on instruction, has agreed to deposit a

sum of Rs.1,00,000/- (Rupees One Lakh Only) . Hence, by consent of

the both the learned counsels appearing for the parties concerned, the

following order is passed;

i. The Order passed in M.P. No. 41 of 2017 in RCOP. No. 1211 of

2016 dated 21.08.2018 by the XIII Small Causes Court, Chennai is

set aside.

ii. The learned counsel for the revision petitioner is directed to

deposit a sum of Rs.1,00,000/- to the credit of RCOP. No. 1211 of

2016 pending on the file of XIII Small Causes Court, Chennai,

without prejudice the rights of the parties, within a period of six

weeks from the date of receipt of a copy of this order.

iii. After such deposit is being made, the VIII Judge, Court of Small

Causes shall take up the application filed by the revision petitioner

to set aside the exparte order and pass appropriate orders.

http://www.judis.nic.in

6

iv. XIII Judge, Court of Sma