JAYARAM NAIDU Vs. SUGUMAR

JUDGEMENT

(1.) THIS civil revision petition is listed today for admission and I heard the learned counsel for the petitioner.

(2.) THE tenant is the revision petitioner, who has filed RCOP No. 36 of 1999 against the respondents herein under section 9 (3) of the Tamil Nadu Buildings (Lease and rent Control) Act before the Rent Controller, Thiruthuraipoondi on the ground that there is rival claim between the respondents herein over the ownership of the premises under his occupation and sought permission to deposit the rent into the Court. THE Court below allowed the said RCO P No. 36 of 1999 on 30. 04. 2002 by directing the petitioner herein to deposit the rental arrears of 52 months as well as future rent into the Court. It is stated by the petitioner that as against the said order dated 30. 04. 2002, the second respondent herein has filed R. C. A. No. 2 of 2003 before the Sub-court, Thiruthuraipoondi , which was dismissed and thereafter the petitioner has filed belatedly lodgment schedule and an application without serving it to the respondents, hence the same was returned on 10. 01. 2005. Again, the said lodgment schedule and application was re-presented by the petitioner on 15. 04. 2005 with an unnumbered I. A. to condone the delay of 35 days in re-presenting the lodgment schedule. THE said application was dismissed by the court below on 29. 04. 2005, hence, the present revision has been filed.