SIVA Vs. MURALI

JUDGEMENT

(1.) The Civil Revision Petition in C. R. P (NPD). No. 1181 of 2011 has been preferred challenging the Common judgment and decree, dated 20.10.2009 made in R. C. A. No. 40 of 2009 on the file of the Rent Control Appellate Authority/Subordinate Judge, Tambaram, confirming the order and decretal order, dated 24.4.2009 made in R. C. O. P. No. 56 of 2001 on the file of the Rent Controller/District Munsif Court, Alandur. The Civil Revision Petition in C. R. P (NPD). No. 1182 of 2011 has been preferred challenging the common judgment and decree dated 20.10.2009 made in R. C. A. No. 41 of 2009 on the file of the Rent Control Appellate Authority/Subordinate Judge, Tambaram, confirming the order and decretal order, dated 24.4.2009 made in M. P. No. 336 of 2008 in R. C. O. P. No. 56 of 2001 on the file of the Rent Controller/District Munsif Court, Alandur.

(2.) It is seen that the miscellaneous petition in M. P. No. 336 of 2008 was filed by the respondent herein under Section 11 (4) of the Tamil Nadu Buildings (Lease and Rent Control) Act in R. C. O. P. No. 56 of 2001 before the learned Rent Controller to direct the petitioner herein to pay the arrears of rent for the period from December 2001 to October 2008 for 83 months at the rate of Rs. 225/- per month amounting to Rs. 18,675/-.

(3.) As per the order, dated 2.4.2009, the learned Rent Controller allowed the petition, directing the petitioner herein to deposit a sum of Rs. 19,575/- towards arrears of rent for the period from December 2001 to February 2009 and also for the subsequent period at the rate of Rs. 225/- per month on or before 23.4.2009. It was also made clear by the learned Rent Controller that the non-compliance of the order would result in stoppage of further proceedings and lead to eviction of the petitioner/tenant. As per the order dated 24.3.2009, eviction was ordered under Section 10(2)(i)(ii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. It is not in dispute that the petitioner herein has not preferred an appeal within 30 days and the revision within another 30 days.