A.SUBRAMANI (DIED) Vs. G.R.SAMICHETTY

JUDGEMENT

(1.) The matter is heard through Video Conferencing.

(2.) This Civil Revision Petition is filed to set aside the fair and decreetal order dated 14.11.2016 in E.A.No.122 of 2016 in E.P.No.100 of 2015 in R.C.O.P.No.5 of 2012 on the file of the Additional District Munsif Court, Tirupattur, Vellore District.

(3.) The first petitioner is the respondent in E.P.No.100 of 2015. The respondent herein is the landlord of petition premises and petitioner in R.C.O.P.No.5 of 2012. The respondent filed the said R.C.O.P. for eviction of the first petitioner under Section 10 (2)(i), Section 10(2)(ii)(a), Section 10 (2) (ii) (b) and Section 10 (3) a (iii), of the Tamil Nadu Buildings (Lease and Rent Control) Act. The first petitioner contested the same denying all the averments made by the respondent and also disputing title of the respondent. After contest, R.C.O.P. was allowed ordering eviction of the first petitioner and granted one month time for eviction. The respondent filed E.P.No.100 of 2015 for executing the order of eviction dated 23.12.2014 in R.C.O.P.No.5 of 2012. The first petitioner entered appearance through counsel but did not file any counter. The first petitioner did not appear on 19.07.2016 and did not produce any order from the Appellate Authority. Hence, the first petitioner was set exparte. The first petitioner filed E.A.No.122 of 2016 under Order 21 Rule 106 of C.P.C. to set aside the exparte order dated 19.07.2016 passed against the first petitioner and to receive the counter. The learned Judge by the order dated 14.11.2016 dismissed the E.A.No.122 of 2016 filed by the first petitioner holding that first petitioner has not filed counter in the E.P. and has not produced the any order of the Appellate Authority made in the R.C.A.No.2 of 2015 filed by them against R.C.O.P.No.5 of 2012. Pending C.R.P., the first petitioner died and his legal heirs have been impleaded as petitioners 2 to 4.