D AMSAVENI Vs. CHANDRAN

JUDGEMENT

(1.) THIS revision is directed against the Order of Rent Control Appellate Authority in R.C.A.No.430/2005 on the file of VII Small Causes Court, Chennai, confirming the Order passed by the Rent Controller in M.P.No.55/2004 in E.P.No.189/2003 in RCOP No.1043/2001 dated 18.03.2005 on the file of XI Judge, Small Causes Court, ordering removal of obstruction. Original owner of the premises is the Revision Petitioner.

(2.) BRIEF facts of the case are as follows:- The Revision Petitioner was the original owner of the Petition premises and she has purchased the same under Ex.R-1. She has borrowed money from one Akash Benefit Fund Limited, Kumbakonam by mortgaging the house property under Ex.R-2. Since the Petitioner could not repay the loan amount, the mortgaged property was brought into sale and the house was sold in Private Auction conducted by the Auctioneer Sri Raj and Co. The Respondent is the successful bidder at the Public Auction. It is stated that after issuing notice to the Petitioner, Akash Benefit Fund Limited has executed the Sale Deed in favour of the Respondent on 01.12.2000. 2.2. The Respondent issued a legal notice dated 04.01.2001 to the Tenant Jayalakshmi informing her about the purchase of the Petition premises and called upon her to attorn tenancy in favour of the Respondent. But the Tenant Jayalakshmi has not paid the rent to the Respondent. 2.3. The Respondent filed RCOP No.1043/2001 seeking eviction of the Tenant on the ground of wilful default and owner's occupation. After inquiry, the Rent Controller has ordered eviction on both the grounds. No appeal was preferred against the said Order. The Respondent has filed M.P.No.189/ 2003 for executing the Order of eviction against the Tenant. By that time, the Tenant has vacated the premises and at the time of execution, the Tenant was not in occupation of the premises. The Petitioner obstructed delivery of possession. The Respondent has filed M.P.No.55/2004 for removal of obstruction and the same was allowed by the Rent Controller, confirmed by the Appellate Authority. Allowing of application under Or.21, R.97 CPC and removal of obstruction is challenged in this Revision Petition.

(3.) CAN the inter-se dispute between the borrower/original owner and the auction purchaser in private purchase be determined in the rent control proceedings and whether the Rent Control Authorities were right in ordering removal of obstruction are the points falling for consideration in this Revision Petition.