M A SHAUL HAMEED Vs. P ANNAMMAL

JUDGEMENT

(1.) THIS Civil Revision Petition is filed challenging the order and decretal order dated 4.8.2011 passed in E.P.No.2 of 2011 in R.C.O.P.No.39 of 1987 on the file of the Rent Controller (District Munsif), Coonoor.

(2.) THE respondent/landlady filed R.C.O.P.No.39 of 1987 on the file of the District Munsif Court/Rent Control Court, Coonoor, for eviction on the grounds of willful default and own use and occupation that was ordered. In appeal R.C.A.No.19 of 2000 on the file of the Rent Control Appellate Authority (Sub Court), Uthagamandalam, the order of the Rent Controller was set aside. However, the High Court in C.R.P.(NPD)No. 824 of 2003 by order dated 6.8.2010, set aside the judgment passed in R.C.A.No.19 of 2000 and confirmed the eviction order passed by the learned Rent Controller.

(3.) THE revision petitioner/tenant in his counter/objection filed before the execution court has merely stated certain facts to say that he is residing in Door No.62-A, Pears Cottage, Moorse Garden, Coonoor and the execution petition is not maintainable in view of the discrepancy in the Door Number. THE execution petition has been rightly filed only with regard to Door No.61-A, Pears Cottage, Moorse Garden and that is in accordance with the order passed by this Court in C.R.P.(NPD)No.824 of 2003 dated 6.8.2010. THErefore, the plea of non existence of Door No.61-A is a fallacious contention. THE revision petitioner's endeavour is to confuse the issue. THE respondent/land lady is seeking eviction only with regard to Door No.61-A, Pears Cottage, Moorse Garden, Coonoor. As per the counter/objection said to have been filed before the execution court, a copy of which has been enclosed in the typeset of papers, if there is any dispute in the identity, in terms of the final order passed by this Court in C.R.P.(NPD)No.824 of 2003, the present plea of the revision petitioner/tenant that there is a mistake in identity does not hold any merit.