R.12(3) of the Tamil Nadu Buildings Rules mandates that a court has discretion to stay execution proceedings only if certain conditions are met.

1This Civil revision petition has been filed by the petitioner / land lady against the order of the learned District Munsif, Ootacamund dated 2-11-2011 made in E.A. No. 223 of 2011 in E.P. No. 3 of 2011 in R.C.O.P. No. 17 of 2009, whereby the learned District Munsif has allowed the application filed by the respondent / tenant under R.12(3) of the Tamil Nadu Buildings (Lease and Rent Control) Rules, 1974 and recalled the warrant of possession issued in the execution proceedings.

2. For better appreciation, the impugned order dated 2-11-2011 is quoted hereinbelow:
'On 07-01-2010 in R.C.O.P. 17/09 set ex parte order was passed. Subsequently, the Petitioner / Landlord filed execution petition in E.P. No.3/11. On 04-07-2011 counter filed. On 09-08-2011 petitioner's side enquiry heard. On 12-08-2011 respondent's side enquiry not taken. No representation. Orders reserved by 19-08-2011. On 19-08-2011 order pronounced. Subsequently, petitioner / tenant filed set aside petition in E.P. 3/11. The same was numbered as 205/11 and the case is posted for notice of hearing and counter by 17-10-2011. 17-10-2011 declared holiday. Hence, this case is reposted to 18-10-2011. On that day notice of hearing not given. No representation till 5.30 p.m. Hence this E.A. is dismissed. Now the petitioner / tenant filed u/S. 47, C.P.C. petition and represented that they have filed an application to set aside the ex parte order of eviction passed by this Court dated 07-01-2010 and I.A. 181/11 and 182/11 u/S. 5 of Limitation Act and R.12(3) of the Tamil Nadu Buildings (Lease and Rent Control) Act are pending. The said applications were posted on 09-11-2011 for counter and further as per the R.12(3) for set aside an ex parte order and received by the Controller for the first time all execution proceedings in pursuance of the ex parte order shall be stayed until the disposal of the said applications and the said provision is mandatory. In the interest of justice this petition is allowed and recall the possession of warrant. On payment of batta.'

3. The petitioner / landlady filed R.C.O.P. No. 17 of 2009 under S.10(2) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for eviction of the respondent / tenant on the ground of wilful default and also for a decree of arrears of rent.

4. In the said case, notices were issued to the respondent / tenant, but even after the service of notice, no counter - affidavit was filed by the respondent / tenant in spite of the fact that the case was adjourned on several occasions. Ultimately, by order dated 22-12-2009, the case was fixed for ex parte evidence on 7-01-2010. Even on 7-01-2010, the respondent / tenant did not appear, and ultimately, the petition was decreed ex parte and an ex parte decree for eviction was passed. The petitioner / landlady then filed an execution petition being E.P. No. 3 of 2011 for recovery of possession. In the said execution case, notice was issued to the respondent / tenant through Court and post, which was served on 27-01-2011. The case was adjourned on various dates for filing counter by the respondent / tenant viz. 1-3-2011, 24-3-2011 and 31-3-2011, but no counter was filed. On 7-4-2011, on the petition filed by the respondent / tenant, the case was adjourned to 18-4-2011, and thereafter, on 26-4-2011, 28-4-2011, 7-6-2011, 13-6-2011 and 29-6-2011, but no counter was filed by the respondent / tenant. However, on 4-7-2011, a counter was filed by the respondent / tenant. Thereafter, on several dates, the case was adjourned for enquiry, but there had been no representation from the side of the respondent / tenant, and ultimately, on 19-8-2011, the executing Court ordered delivery of possession