LAWS(MAD)-2021-8-127

S.N.PONRAJ Vs. M.S.VAIDYANATHAN

Decided On August 23, 2021
S.N.Ponraj Appellant
V/S
M.S.Vaidyanathan Respondents

JUDGEMENT

(1.) The Civil Revision is directed against the order passed in I.A.No.20 of 2020 in R.C.A.No.7 of 2020, dtd. 30/11/2020 on the file of the Rent Control Appellate Authority/Principal Subordinate Court, Madurai, dismissing the petition for stay, filed under Sec. 23(2) of Tamil Nadu Buildings (Lease and Rent Control)Act.

(2.) The revision petitioner is the appellant/respondent/tenant. The respondent/landlord has filed the petition in R.C.O.P.No.31 of 2013 against the revision petitioner claiming eviction on the ground of Demolition and Reconstruction of the petition mentioned property under Sec. 14(1)(b) of Tamil Nadu Buildings (Lease and Rent Control)Act on the file of the Additional Rent Controller/Additional District Munsif, Madurai Town, Madurai.

(3.) The revision petitioner filed his counter and contested the eviction petition. The learned Rent Controller, upon considering the evidence adduced and on hearing the arguments of both the sides, has passed an order on 18/12/2019, allowing the Rent Control Petition, directing the revision petitioner to vacate the petition mentioned premises and handover the vacant possession of the property within one month. Aggrieved by the said order of eviction, the tenant has preferred an appeal in R.C.A.No.7 of 2020 on the file of the Rent Control Appellate Authority/Principal Subordinate Court, Madurai and the same is pending. Pending Rent Control Appeal, the appellant has filed a petition in I.A.No.20 of 2020 under Sec. 23(2) of Tamil Nadu Buildings (Lease and Rent Control)Act, seeking orders to stay all further proceedings and execution proceedings in R.C.O.P.No.31 of 2013 on the file of the Additional District Munsif, Madurai Town till the disposal of the rent control appeal.