VELU Vs. POWNRAJ AND ORS.

JUDGEMENT

(1.) THE petitioner filed eviction petition in R.C.O.P. No. 18 of 2004 before the Rent Controller against the predecessor -in -interest of the respondents. The petitioner alleged willful default and denial of title. The Trial Court passed an ex -parte decree of eviction. Thiru. Pownraj, the predecessor -in -interest of the respondents filed an application in I.A. No. 83 of 2005 to set aside the ex -parte decree. The application in I.A. No. 83 of 2005 got abated, on account of the death of the petitioner therein. The death took place on 30 October, 2005. The petitioner herein informed the Trial Court about the death of the petitioner in I.A. No. 83 of 2005. The learned Trial Judge dismissed the application in I.A. No. 83 of 2005 on 19 March, 2009.

(2.) THE respondents herein filed an application in I.A. No. 61 of 2010 before the Trial Court to condone the delay of 430 days in filing the petition to set aside the abatement. The respondents wanted to restore the application in I.A. No. 83 of 2005. The application was opposed by the petitioner.

(3.) THE learned counsel for the petitioner contended that the respondents were aware of the death of Thiru. Pownraj and as such, they should have filed an application within the statutory period to make them as parties to the proceedings. According to the learned counsel, the limitation would start from the date of death. The learned counsel further contended that in view of the judgment and decree dated 26 November, 2010 in S.A.(MD) No. 21 of 2004, there is absolutely no defence to the respondents and as such, it is a futile exercise to continue the proceedings before the lower Court.