T M HUSSAIN Vs. P ANANDASAMY REDDIAR

JUDGEMENT

(1.) THESE civil revision petitions have been filed by the tenant as revision petitioner against the order and decretal order dated 15.9.1998 and made in I.A. No.8 of 1998 in R.C.A. No.9 of 1997, and the judgment and decree dated 15.9.1998 and made in R.C.A. No.9 of 1997 respectively by the learned Rent Control Appellate Authority (Principal Subordinate Judge), Chengalpattu.

(2.) THE brief facts that are necessary for disposal of these civil revision petitions are as follows: THE revision petitioner, who is the tenant of the premises described in the Rent Control Petition in R.C.O.P. No.5 of 1994, was evicted from the said premises on the grounds of willful default, subletting and user of the demised premises for different purposes than for which it was let out. THE tenant as appellant has filed an appeal in R.C.A. No.9 of 1997 on the file of the learned Rent Control Appellate Authority (Principal Subordinate Judge), Chengalpattu. During the pendency of the Rent Control Appeal, the first respondent herein, who is the landlord of the demised premises, filed a petition in I.A. No.8 of 1998 in R.C.A. No.9 of 1997 under Sec.11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the "Act") for a direction to pay the arrears of rent within the time specified by the Court or in default to stop further proceedings in the appeal. Admittedly, an order was passed on 15.9.1998 holding that the revisional petitioner in both civil revision petitions is in arrears of rent to an extent of Rs.2,000 and, therefore, the further proceedings in the rent control appeal has to be stopped and the tenant has to deliver possession to the landlord forthwith. It is not in dispute that the learned Rent Control Appellate Authority, who found that the revision petitioner is in arrears, has not granted time for payment of arrears of rent. Consequent on the order passed in I.A. No.8 of 1998, the learned Rent Control Appellate Authority dismissed the appeal with direction to hand over possession to the landlord forthwith. Aggrieved at the order and decretal order passed in I.A. No.8 of 1998 and judgment and decreed passed in R.C.A. No.9 of 1997 on the file of the learned Rent Control Appellate Authority (Principal Subordinate Judge), Chengalpattu, the tenant as revision petitioner has come forward with these civil revision petitions.

(3.) IN fine, the order and decretal order passed in I.A. No.8 of 1998 as well as the judgment and decree passed in R.C.A. No.9 of 1997 by the Rent Control Appellate Authority are set aside and the civil revision petitions are allowed subject to observation made above. There will be no order as to costs. The parties are hereby directed to appeal before the learned Rent Control Appellate Authority on 12.9.2002 without fail and extend co-operation to dispose of the appeal within the stipulated time.