R.S.A. CHANDRASEKAR Vs. S. RAJALAKSHMI

JUDGEMENT

(1.) THE arguments advanced by Mr.G.Jayachandran, learned counsel for the revision petitioner are heard.

(2.) THE landlord in R.C.O.P.No.930 of 2012 on the file of the XV Judge, Small Causes Court, Chennai, is the petitioner in both the revision petitions. The revision petition No.549 of 2014 has been filed challenging the docket order dated 07.11.2013 made in M.P.No.424 of 2013 in R.C.O.P.No.930 of 2012 on the file of the XV Judge of Small Causes Court, Chennai, and the revision petition No.550 of 2014 has been filed challenging the docket order dated 07.11.2013 made in M.P.No.425 of 2013 in R.C.O.P.No.930 of 2012 on the file of the XV Judge of Small Causes Court, Chennai. Both the Civil Revision Petitions came to be filed under Article 227 of the Constitution of India. The orders, which are sought to be challenged in these Civil Revision Petitions, are nothing but orders directing service of notice on the respondent in those miscellaneous petitions, who is the revision petitioner in these Civil Revision Petitions. After the said order, notices were served and ultimately after recording service of notice, a docket order came to be passed granting time till 12.12.2013 for filing counter.

(3.) IN M.P.Nos.806 and 807 of 2012, by virtue of an endorsement made on behalf of the landlord, a conditional order came to be passed on 22.01.2013 directing payment of Rs.500/ - as cost in each one of the said petitions on or before 24.01.2013. As the said cost awarded in those petitions were not paid, those petitions came to be dismissed on 28.01.2013. Only thereafter, the Rent Controller proceeded with the ex -parte enquiry in the RCOP and passed an order directing eviction of the respondent herein/tenant by an order dated 17.06.2013. The said order dated 17.06.2013 alone gave a final disposal to the RCOP. The limitation of 30 days contemplated in Rule 12(3) of the Tamil Nadu Buildings (Lease and Rent Control) Rules, 1974 cannot be interpreted to mean an order indicating the decision of the Rent Controller to proceed with the enquiry ex -parte on a future date. On the other hand, it refers to an ex -parte order of eviction or an ex -parte order of dismissal. Hence, the cause of action for filing application under the said Rule arose only on passing of the ex -parte eviction order dated 17.06.2013.