C.R.P(MD)No.1133 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 13.06.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN

C.R.P(MD)No.1133 of 2023

T.Gurusamyraja

...Petitioner/Petitioner/Respondent/Respondent

Vs.

T.S.Ganesaraja

...Respondent/Respondent/Petitioner/Petitioner

PRAYER: Civil Revision Petition is filed under Article 227 of

Constitution of India, to set aside the order dated 11.04.2023 in

numbered the unnumbered E.A.No...../2023 in E.P.No.1 of 2022 in

R.L.T.O.P.No.43 of 2019 on the file of the learned Rent Control Tribunal

Cum District Munsif Court, Rajapalayam.

For Petitioner

: Mr.V.R.Shanmuganathan

For Respondent

: Mr.S.I.Muthiah

ORDER

This petition has been filed to set aside the order the unnumbered

E.A.No...../2023 in E.P.No.1 of 2022 in R.L.T.O.P.No.43 of 2019 dated

11.04.2023, on the file of the learned Rent Control Tribunal Cum District

Munsif Court, Rajapalayam.

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C.R.P(MD)No.1133 of 2023

4.The petitioner is the unsuccessful respondent in R.T.L.O.P.No.

43 of 2019 filed by the respondent herein under Section 10(2)(i) and

10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act,

1960. The petitioner has also filed R.T.L.O.P.No.42 of 2019 for

depositing the rent under Section 8(5) of the Tamil Nadu Buildings

(Lease and Rent Control) Act, 1960 and while the respondent has also

filed R.T.L.O.P.No.44 of 2019 for fixation of fair rent under Section 4 of

the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The Rent

Control Court namely, the District Munsif Court, Rajapalayam has

disposed of R.T.L.O.P.No.43 of 2019, evicting the petitioner for wilful

default and for owner’s occupation, by its fair and decretal order dated

26.11.2021.

5.Aggrieved by the same, the petitioner herein has filed R.C.A.No.

9 of 2021 before the Sub Court, Srivilliputhur as the Rent Control

Appellate Court. In the said proceedings, the petitioner has also filed

unnumbered I.A.No.1 of 2022 to stay the execution proceedings,

pursuant to the fair and decretal order dated 26.11.2021, in

R.T.L.O.P.No.43 of 2019 as the respondent has filed E.P.No.1 of 2022.

Both the petitioner and the respondents had earlier filed C.R.P.(MD)Nos.

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C.R.P(MD)No.1133 of 2023

1469 of 2022 and 1983 of 2022. This Court passed the following order

on 29.09.2022, in the respective civil revision petitions filed by the

petitioner and the respondent herein with the following observation:-

“Considering the submissions made by either side

counsel and in order to give a quietus to this issue and also

taking into consideration of the fact that the tenant is

running a shop in the subject property, there shall be an

order of interim injunction for implementing the order

passed by the trial Court in R.L.T.O.P.No.43 of 2019, for a

period of eight weeks from the date of receipt of a copy of

this order, enabling the parties to work out their remedy

before the first Appellate Court in R.C.A.No.9 of 2021 filed

by the tenant. The first Appellate Court after hearing both

sides shall endeavour to dispose of the appeal in R.C.A.No.

9 of 2021 at the earliest possible time.”

6.The Execution Court namely, the District Munsif Court,

Rajapalayam has refused to number I.A. filed by the petitioner in E.P.No.

1 of 2022 to stay the proceedings on the grounds that the time fixed by

the Court, by its order dated 29.09.2022, has already expired.

7.The learned counsel for the petitioner would submit that this

Court has also directed the learned Sub Judge, Srivilliputhur to dispose

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C.R.P(MD)No.1133 of 2023

of R.C.A.No.9 of 2021. The learned counsel for the petitioner would

futher submit that the petitioner has been taking time in R.C.A.No.9 of

2021 and therefore, the Execution Court has to exercise its discr