G GANESAN Vs. J SURENDRAN

JUDGEMENT

(1.) BY consent of parties, the main CRPs are taken up for disposal.

(2.) THE above CRPs have been filed under Article 227 of the Constitution of India by the obstructors against the order and decree dated 02. 11. 2004 made in M. P. Nos. 493 of 2004 and 495/2004 in EP. No. 78 of 2001 in RCOP. No. 982 of 1999 on the file of the XII Judge, Small Causes Court, Chennai.

(3.) THE brief facts of the case is as follows: the first respondent filed a petition against one Gomathi, a tenant, for fixing fair rent in an RCOP and the fair rent was fixed as Rs. 49,000/- by the Rent Controller. But the rent was not paid by the tenant. Therefore, R1 filed RCOP 982 of 1999 for eviction on the ground of willful default. By order dated 19. 07. 2000, eviction was ordered by the Rent Controller. Thereafter, EP. No. 78 of 2001 was filed against the said Gomathi/tenant and when the bailiff went to execute the order of the Court, the 11 obstructors (R. 3 to R. 13) resisted the execution of the order of the Court. They claimed that they became tenants under one Nirmala. Therefore, R1 filed M. P. No. 231 of 2001 for removal of the Obstructors and that was allowed on 11. 03. 2002. The appeal in RCA. No. 237 of 2002 by the 11 obstructors was dismissed on 05. 03. 2004. Against that CRP. No. 716 of 2004 was filed; that was also dismissed. Thereafter, the obstructors filed SLP before the Supreme Court and that was dismissed on 22. 11. 2004.