ELUMALAI Vs. KOTTEESWARAN

JUDGEMENT

(1.) The tenant, who suffered an order of eviction on the ground of willful default and bonafide requirement for demolition and re-construction in R.C.O.P.No.4 of 2005, which came to be confirmed by the Rent Control Appellate Authority in R.C.A.No.22 of 2008, which again came to be confirmed by the High Court in C.R.P.No.2293 of 2009, faced execution of the order of eviction in E.P.No.54 of 2009.

(2.) Citing the pendency of an appeal in A.S.No.41 of 2007, on the file of the Principal District Judge, Chengalpattu against the dismissal of his suit filed in O.S.No.187 of 2003 on the file of the Principal Subordinate Judge, Chengalpattu, the tenant filed an application E.A.No.44 of 2010 praying for the dismissal of the execution petition contending that the pendency of the civil proceedings in the appeal suit would make the execution order unexecutable. The learned District Munsif, Chengalpattu/Rent Controller dismissed the said execution application filed by the tenant /judgment debtor. Impugning the said order of the learned District Munsif/Rent Controller, Chengalpattu dated 12.03.2012 made in E.A.No.44 of 2010 in E.P.No.54 of 2009 in R.C.O.P.No.4 of 2005, the revision petitioner has preferred the present revision under Article 227 of the Constitution of India.

(3.) The Civil Revision petition stands listed today for admission. The arguments advanced by Mr.S.Raghavan, learned counsel for the revision petitioner are heard. The copy of the impugned order of the Rent Controller, grounds of revision and the other documents produced in the form of typed-set of papers are also perused.