RAVEE MALHOTRA Vs. VIJAYARAGHAVALU NAIDU

JUDGEMENT

(1.) The revision-petitioners have filed this application under Order 23, rule 1 and section 151, Code of Civil Procedure read with section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 18 of 1960, for granting leave to the petitioners to withdraw the revision petition with liberty to file a fresh petition for eviction on the very same cause of action and relief.

(2.) In support of the application, the petitioners have filed an affidavit sworn to by the second petitioner. It is alleged that in view of the safeguard provided in the Act for the tenants and relying on the advice of the counsel, they did not take steps to let in necessary evidence to prove the bona fides and now they are advised to file this application to seek leave of the court to withdraw the petition and file a fresh eviction petition on the same cause of action. They further contended that more materials have to be brought on record to strengthen their bona fides and they should be given an opportunity to substantiate their contentions.

(3.) The said application was resisted by the respondents on the ground that the provisions of the Civil Procedure Code are not applicable to the proceedings under the Tamil Nadu Buildings (Lease and Rent Control) Act. Further, the reasons given by the petitioners for withdrawing the proceedings and instituting fresh eviction petition are not sustainable in law.