E SUNDARRAJAN Vs. B KANCHANAMALA

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed against the Judgment and degree of the learned VII Judge, Court of Small Causes, Chennai on 1 7. 09. 2005 in R. C. A. No. 951 of 2002 which was preferred against the Judgment and decree passed by the learned X Judge, Court of Small Causes Court, Chennai on 01. 11. 2002 in RCOP. No. 596 of 1991.

(2.) HEARD the learned counsel for the petitioner as well as the respondent.

(3.) THE case of the petitioner is that he is running a business at no. 63, R. K. Mutt Road, Chennai, for more than 12 years and he has been paying a monthly rent of Rs. 80/- to the respondent without obtaining any receipt for the said payment. It is his case that he and one Mr. V. Devaraj were tenants of the erstwhile owner of the property in question. He states that due to the illness of Mr. V. Devaraj, the petitioner has been running the shop in the premises which is the subject matter of the dispute. He also states that the respondent, who is the subsequent purchaser of the petition property knew about his occupation of the premises and that he was running the business in that premises. The petitioner also states that he had filed a Civil Suit os. No. 6058 of 2001 pending before the XIV Assistant Judge City Civil Court, chennai. He further states that the RCOP. No. 596 of 1991 and EP. No. 279 of 1999 filed by the respondent were decided exparte and no chance had been given to the petitioner in those proceedings. He claims that he can be evicted from the petition premises by the respondent only by following the due process of law. Further, the petitioner states that he had taken steps to deposit the rent in the court in RCOP. No. 69 of 2002 before XI Judge, Court of small Causes, Chennai, which was disposed of on 30. 12. 2002 and the petitioner had preferred an appeal under RCA. SR. No. 23021 of 2005 with an application to condone the delay in filing the appeal.