Advocates:
['T M HARIHARAN', '', 'S BALA GANESH', 'K SIVASUBRAMANIAN', 'M/S S N RAVICHANDRAN', '', 'S RAGHUL', 'V PRIYANKA', 'R D ASHOK KUMAR']

C.R.P.(NPD) No.461 of 2022

& CRP(NPD) No.291 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 20.04.2022

Pronounced on : 27.05.2022

CORAM : JUSTICE N.SESHASAYEE

C.R.P.(NPD) No.461 of 2022

& CRP (NPD) No.291 of 2020

and CMP. No.2433 of 2022 & CMP.No.1474 of 2020

CRP(NPD) No.461 of 2022 :

A.Mathivanan

... Petitioner / Claimant / Third Party

Vs

D.Balakumar

...Respondent / Respondent / Decree holder

CRP(NPD) No.291 of 2020 :

A.Kalaivanan (died)

1.Geetha Kalaivanan

2.Ishwarya

3.Aswin Kumar

... Petitioners / Respondent / Respondent

Vs

D.Balakumar

...Respondent / Petitioner / Petitioner

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https://www.mhc.tn.gov.in/judis

C.R.P.(NPD) No.461 of 2022

& CRP(NPD) No.291 of 2020

Prayer in CRP (NPD) No.461 of 2022 : Civil Revision Petitions filed under

Section 115 of CPC., praying to set aside the fair and decretal order of the learned

Additional District Munsif, Vellore, Vellore District dated 15.12.2021 in

E.A.No.132 of 2021 in E.A.No.89 of 2021 in E.P.No.240 of 2016 in RCOP.No.63

of 2011 and to order the said E.A

Prayer in CRP (NPD) No.291 of 2020 : Civil Revision Petitions filed under

Section 115 of CPC., praying to call for the entire records in respect of the decretal

order passed by the learned Additional District Munsif, Vellore, dated 29.11.2019

in E.P.No.240/2016 in RCOP.No.63/2011 on the file of Rent Controller / Principal

District Munsif, Vellore District and set aside the same.

In CRP(NPD) No.461 of 2022:

For Petitioner

: Mr.T.M.Hariharan

For Respondent

: Mr.S.N.Ravichandran

In CRP(NPD) No.291 of 2020:

For Petitioners

: Mr.D.Rajagopal

For Respondent

: Mr.S.N.Ravichandran

2/17

https://www.mhc.tn.gov.in/judis

C.R.P.(NPD) No.461 of 2022

& CRP(NPD) No.291 of 2020

COMMON ORDER

The Revision Petitioner in CRP (NPD) No.461 of 2022 herein is a third party-

obstructor to the execution proceedings in E.P. 240 of 2016, which is filed by the

decree-holder Landlord in RCOP 63 of 2011 for delivery of property pursuant to

the exparte order of eviction that he had obtained. The revision petitioners in CRP

(NPD) 291 of 2020 are the tenants who are facing eviction in the said Execution

petition.

2. The facts as presented by the revision petitioners which led up to the filing of the

Revision, may be briefly stated;

● A certain Kalaivanan had purchased a piece of vacant site Vide sale deed

dated 09.05.2002. In this, a residential building comprising a ground floor

and a first floor, each measuring 125 sq.mts, was built besides a compound

wall. The construction was made with the aid of the sale prospects of a

certain family property. In other words, it is a joint investment made by

Kalaivanan and his mother.

● While so, Kalaivanan borrowed a sum of Rs.2.0 lakhs from a certain Babu.

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https://www.mhc.tn.gov.in/judis

C.R.P.(NPD) No.461 of 2022

& CRP(NPD) No.291 of 2020

On 04.01.2010, Babu obtained a sale agreement in his favour and also a

General Power of Attorney in favour of his friend Kumaran vis-a-vis the

same property, both executed by Kalaivanan. This according to the revision

petitioner in CRP 461 of 2022 were obtained as security for the repayment of

the loan that Kalaivanan had obtained.

● On 07.12.2010, Kumaran, the General Power of Attorney of Kalaivanan had

executed a sale deed in favour of certain Balakumar. A rent note even dated

07.12.2020 also came into existence between Balakumar and Kalaivanan.

According to the case of the revision petitioner, this document was fabricated

by Balakumar.

● Few months thereafter, Balakumar laid RCOP.No.63 of 2011 for eviction on

grounds of wilful default in the matter of payment of rent. This RCOP was

laid against Kalaivanan and his wife. While so, Kalaivanan died and his

children were brought on record as additional respondents. On 24.11.2015,

an ex-parte order of eviction was passed. Now, the respondents in the RCOP

came forward with necessary Application to set aside the ex-parte or