P. J. UMA MAHESWARI Vs. K. THANGAIAN

JUDGEMENT

(1.) The civil revision petition is filed against the fair and decreetal order dtd. 12/9/2022 passed in E.A.No.58 of 2020 in E.P.No.34 of 2019 in R.C.O.P.No.31 of 2012.

(2.) The revision petitioner is the judgment debtor / tenant and the respondent is the decree holder / landlord, who filed R.C.O.P.No.31 of 2012 for eviction on the ground for owner's occupation. The Rent Controller allowed the R.C.O.P and ordered for eviction. The revision petitioner preferred an Appeal in R.C.A.No.37 of 2021, which is pending. Meanwhile, the decree holder filed E.P.No.34 of 2019 and the Execution Court allowed the execution petition and delivery was ordered.

(3.) The grievance of the revision petitioner is that she had not participated in the execution proceedings, as summons were not served to her in the execution proceedings. Therefore, the Execution Petition was allowed exparte on 19/12/2019 and delivery was ordered in the year 2020. Subsequently, the revision petitioner / tenant filed E.A.No.58 of 2020 to condone the delay of of 312 days in E.P.No.34 of 2019, which was adjudicated by the Trial Court elaborately.