K. SAKTHIVEL Vs. ANGALA THAVY @ MUMTHAJ BEGUM THAVY

JUDGEMENT

(1.) The tenant, who suffered an order of eviction on the ground of commission of willful default in payment of rent in R.C.O.P.No.1218 of 2006 on the file of the learned XI Judge, Court of Small Causes, Chennai, is the petitioner in the present civil revision petition.

(2.) The revision is directed against the order of the Executing Court dated 21.12.2012 made in E.P.No.258 of 2011 directing delivery of vacant possession of the property to the respondent herein/landlord in accordance with the order of eviction passed by the Rent Controller.

(3.) While admitting the Civil Revision Petition, this Court granted an order of interim stay in M.P.No.1 of 2012. The respondent in the Civil Revision Petition/landlord has come forward with M.P.No.1 of 2013 for vacating the order of interim stay. This matter stands listed today for considering the miscellaneous petitions for stay and vacating stay. Yet another petition in M.P.No.1 of 2014 also has been filed by the landlord for permission to withdraw the arrears of rent deposited by the revision petitioner/tenant. So far as M.P.No.1 of 2014 is concerned, the learned counsel for the revision petitioner would submit that the revision petitioner/tenant cannot have and does not have any objection for granting the permission sought for. Hence, M.P.No.1 of 2014 is allowed and the petitioner therein, who is the respondent in the Civil Revision Petition, is permitted to withdraw the arrears of rent deposited by the revision petitioner/tenant to the credit of R.C.O.P.No.1218 of 2006 on the file of the XI Court of Small Causes, Chennai.