ANNAPOORANI Vs. LURDHUMARY

JUDGEMENT

(1.) C.R.P.No.917 of 2021 is filed challenging the order passed in E.A.SR.No.3257 of 2020 in E.P.No.96 of 2020 and C.R.P.No.1287 of 2021 is filed challenging the order passed in E.A.SR.No.3255 of 2020 in E.P.No.98 of 2020 respectively, on the file of XV Small Causes Court, Chennai.

(2.) Both these applications have been filed under Sec. 47 of C.P.C., challenging the executablity of fair and executable order passed in R.C.O.P.Nos.2307 and 2311 of 2009 dtd. 28/9/2012 on the file of the XV Small Causes Court, Chennai. Petitioner in C.R.P.No.917 of 2021 is the respondents/tenant in R.C.O.P.No.2307 of 2009. Petitioner in C.R.P.No.1287 of 2021 is the respondents/tenant in R.C.O.P.No.2311 of 2019. The respondents in Civil Revision Petitions filed the aforesaid rent control original petitions against the petitioners for eviction under Sec. 10 (2) (i); 10 (2) (vii) of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960. The case of the respondents is that the tenanted premises was purchased by V.S.Cruz, the husband of deceased Lurdhu marry and father of respondents on 18/8/1980. The petitioners are tenants in their respective portions. The tenants have not paid the rent. Therefore, eviction petition was filed on the grounds of wilful default and denial of title. The common grounds taken by the petitioners are that the respondents father V.S.Cruz and the respondents are not the owners of the superstructure. May be that, respondents father might have purchased the schedule mentioned property. Before that, the property was purchased by one Rangasamy Iyengar from one Abdul Rahman. Rangasamy iyengar leased the property in favour of father of petitioner Arivazhagan and husband of petitioner Annapoorani. With the permission of Rangasamy iyengar, father of petitioner Arivazhagan and husband of petitioner Annapoorani constructed the superstructure. Therefore, petitioners are not the tenants in the term "tenant" defined under Tamil Nadu Buildings (Lease and Rent Control) Act 1960. Respondents had been collecting only ground rent for the premises. Therefore, there is no question of arrears of rent in payment of rent or denial of title of the respondents.

(3.) During the enquiry before the learned Rent Controller, XV Small Cause Court, Chennai, in R.C.O.P.Nos.2307 and 2311 of 2009, PW1 was examined and exhibits P1 to P7 were marked. No oral and documentary evidence was produced on the side of the petitioners. On considering rival submissions, the learned Rent Controller, XV Small Causes Court, Chennai, found that the tenanted premises was purchased by V.S.Cruz with land and building. The petitioners have not produced any evidence to show that they constructed the superstructure. It was also found that the petitioners committed wilful default in payment of rent and denied the title of the landlord. On these reasons, the learned Rent Controller, XV Small Causes Court, Chennai, allowed both the R.C.O.P.'s and directed the petitioners to vacate and deliver the possession. Petitioner Annapurni filed R.C.A.No.712 of 2012 against the order passed in R.C.O.P.No.2307 of 2009. Petitioner Arivazhagan filed R.C.A.No.713 of 2012 against the order passed in R.C.O.P.No.2311 of 2009. The learned Rent Controller Appellate Authority, VIII Small Causes Court, Chennai extensively considered the submissions of the petitioners and found that the learned Rent Controller, XV Small Causes Court, Chennai, has rightly decided the matter and confirmed the order of the learned Rent Controller, XV Small Causes Court, Chennai, and both rent control appeals were dismissed. Petitioners preferred C.R.P.No.1335 of 2015 and C.R.P.No.1345 of 2015 against the judgment on rent control appeals. This Court found that there is no illegality in the order passed by the Courts below and confirmed the order of eviction and dismissed the Civil Revision Petitions. Thereafter, the respondents filed E.P.No.96 of 2020 in R.C.O.P.No.2307 of 2009 and E.P.No.98 of 2020 in R.C.O.P.No.2311 of 2009. During the pendency of these execution petitions, the petitioners have filed E.A.S.R.No.3257 of 2020 in E.P.No.96 of 2020 and E.A.S.R.No.3255 of 2020 in E.P.No.98 of 2020 under Sec. 47 of C.P.C.,.