V N RAGHAVAN Vs. V VIJAYA

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India, challenging an order of the District Munsif, Coimbatore passed in E.P.No. 35 of 1988 in R.C.O.P.No. 9 of 1985 dated 15.9.1989.

(2.) The petitioner was a lessee of the premises which belonged to the respondent herein. The petitioner herein has been carrying on tailoring business under the name and style of "Suresh Tailors". The respondent-landlady filed R.C.O.P.No. 9 of 1985 under section 14 (1) (b) of Tamil Nadu Buildings (Lease and Rent Control) Act for eviction. The petitioner herein did not file a counter in that petition before the Rent Controller. On 8.2.1985, a memo was filed before the Rent Controller which is to the following effect:

(3.) Mr. K. Govindarajan, the learned Counsel for the petitioner herein refers to me the compromise memo entered into between them before the Rent Controller and the order of the Rent Controller in R.C.O.P.No. 9 of 1985 which are extracted above. The learned Counsel argues that except filing the compromise memo, nothing was stated by the respondent therein regarding eviction and that the order of the Rent Controller is not enforceable as the decree sought to be executed is a nullity. The learned Counsel further argues that the said order has not been passed under any statutory provisions of the Act and the one line order passed by the Rent Controller indicates that the Court has not applied its mind and did not consider the requirements of the premises by the landlady. The learned Counsel further argues, that except the compromise memo and the petitioner was before the Rent Controller, no other material was placed before the Rent Controller to pass such an order. The learned Counsel further argues that, assuming that the Rent Controller has passed the said order in R.C.O.P.No. 9 of 1985, based upon' the compromise memo, the court below ought to have gone into the question whether any material was available therein to pass an order of eviction. The learned Counsel refers to me the decisions of the Supreme Court in K.K. Chari v. R.M. Seshadri, 1973 3 SCR 691 and the decision in Nagindas Ramdass v. Dalpatram Ichharam, 1974 2 SCR 544 and the decision in Inder Mohan Lal v. Ramesh Khanna, 1987 3 SCR 765.