K.JEYAKUMAR Vs. L.ARUNACHALAM

JUDGEMENT

(1.) This civil revision petition has been filed challenging an order under which the request of the judgment debtor to grant stay of the execution proceedings as contemplated under Order 21 Rule 26 C.P.C was rejected.

(2.) The tenant/petitioner has suffered an order of eviction in RCOP.No.23 of 2017. The tenant suffered an order of eviction due to default in payment of the amount as per order under Sec. 11(4) of the Rent Control Act. A consequential order of eviction was passed in RCOP.No.23 of 2017. According to the tenant, he has filed an appeal before the Appellate Authority with delay and it is yet to be numbered.

(3.) Based upon the eviction order, the landlord had filed E.P.No.123 of 2018 and delivery was ordered. However, when an attempt was made to take delivery, it was found that the petition premises was under lock and key. Therefore, an application was filed by the Ameen to take police protection and for break open.