IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.Thamilselvi, J
Rathinavelu – Appellant
Versus
Hemalatha – Respondent
Civil Revision Petition
| Table of Content |
|---|
| 1. assessment of factual delays and conduct of parties in rent control litigation. (Para 1 , 2 , 3 , 4) |
| 2. conditional orders to ensure compliance and expedite execution proceedings. (Para 5 , 6 , 7) |
ORDER
The Revision Petitioner who is the Landlord seeks a direction for a speedy disposal of the Review Petition No.2 of 2025 filed by the respondent /
tenant.
2. The learned counsel for the petitioner submits that much earlier in the year 2017, HRCOP No.39 of 2017 has been initiated by the petitioner / landlord for eviction of the respondent / tenant on the ground of wilful default and bonafide requirements and the same was allowed, against which the respondent/
tenant preferred RCA No.01 of 2024 wherein also before the appellate Court, both the parties were heard and the said appeal was dismissed on 20.03.2025. Immediately thereafter the tenant filed a Review Petition No.02 of 2025 to review the order in RCA No.01 of 2024 and in that application also again the petitioner / landlord filed objections. Pending the Review Petition, the respondent / tenant filed a Memo before the Trial Court to call for the records in HRCOP No.50 of 2017 which was noway connected with present RCA and with Review petition, but without considering the same, the first Appellate Court is failed to dispose the Review Petition. He would further submit that nearly about 118 months rent amount has to be paid by the respondent / tenant.
3. The learned counsel for the petitioner would further submit that the petitioner / landlord has also filed E.P No.36 of 2024 before the trial Court to execute the eviction order, wherein also the Judgement debtor / tenant sought adjournments on the ground of pendency of the Review petition, and due to which the Executing Court has also not passed any orders. Aggrieved against all the conduct of the tenant, the landlord has come forward with the present Civil Revision Petition for speedy disposal of the Review application.
4. On perusal of the entire records of the Rent control Proceedings shows that eviction proceedings were initiated in the year 2017 and it was disposed only in the year 2023 and thereafter the appeal was filed and the appeal has also been dismissed. Now the Review Petition was filed in the year 2025 and the Appellate Court has also not disposed the Review petition as early as possible instead of that adjourned the matter. Pending proceedings, again the tenant filed a memo to call for the records of another RCOP No.50 of 2017 for depositing the rent and the said RCOP also been dismissed for non prosecution therefore there is no meaning to call for those records. The overall conduct of the respondent / tenant in this case reflects that she wants to drag on the proceedings while the landlord is a senior citizen, aged 65 years and as on date, the tenant is default of arrears of rent of about Rs.1,18,000/-.
5. Considering all the facts stated herein above, this Court directs the respondent / tenant to deposit a sum of Rs.1,18,000/- (Rupees One Lakh Eighteen Thousand only) towards arrears of rent before the appellate Court viz., II Additional District Judge, Pondicherry within a period of four weeks from today. On such deposit being made by the respondent herein, the Appellate Court is directed to proceed with the Review Petition No.02 of 2025. If the said amount has not been deposited within the stipulated time, the Appellate Court is directed to dismiss the Review Petition on the ground of non compliance of this order.
6. It is also made clear that as there is no stay of the Execution proceedings, the E.P Court viz., Rent Controller – I, (PDM) Pondicherry is entitled to proceed with R.C.E.P.No.36/2024 and Rev.P.No.2 of 2025 in RCA No.1 of 2024 in accordance with law and dispose the same as early as possible, preferably within a period of four weeks from the date of receipt of a copy of this order.
7. This Civil Revision Petition stands disposed of with the above direction. No costs.
8. Post the matter ‘
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