G.V.VANITHA Vs. K.DHANASEKARAN

JUDGEMENT

(1.) The Civil Revision Petition arises against the judgment and decree passed in R.C.A.No. 40/2012, on the file of Rent Control Appellate Authority, Subordinate Court, Tambaram, reversing the fair and final order passed in an unnumbered E.A.S.R No.9486/2012 in E.P.No.36/2002 on the file of the Rent Controller cum District Munsif Court, Alandur. The petitioners are the landlords/decree holders and the respondents are third parties, who filed an application under Order 21 Rules 96 to 100 of Civil Procedure Code.

(2.) The respondents filed an unnumbered application in E.A.S.R No.9486/2012 in E.P.No.36/2002 in R.C.O.P.No.30/1997, stating that they are in occupation of a property bearing T.S.No.43, Old S.No.12 part in Ward H, Block -10, to an extent of 380 sq.meters (approximately 4200 sq.ft.,) bearing Door No.19, Jal Naicker Street, Alandur, Chennai ­ 16. The respondents contended that they are the owners of the said property and that they have been living with their respective families in the property by putting up separate constructions and they have also pleaded that they were not aware of the decree passed in R.C.O.P No.30/1997 and the execution proceedings, pending before the Rent Controller till the Court Amin visited the property for taking delivery of the same.

(3.) The Revision Petitioners are the legal representatives of late G.M. Veeraraghavalu Naidu, who filed the Rent Control Original Petition in RCOP No.30/1997 against the tenants viz., Mrs.D. Savithri and others on the file of District Munsif cum Judicial Magistrate, Alandur. After contest, the Rent Controller ordered eviction on 05.03.2002. Against the order passed by the Rent Controller, the tenants preferred an appeal in R.C.A No43/2002 on the file of Principal Subordinate Court/Rent Control Appellate Authority, Chenglepet and the Rent Control Appellate Authority, by its Judgment dated 26.04.2007, confirmed the order of eviction and dismissed the appeal. Against which, the tenants preferred a Civil Revision Petition in CRP (PD) No.3510/2007 and this Court, by Order dated 16.09.2011, dismissed the Civil Revision Petition and confirmed the orders of the Court below. Against the order passed in the Civil Revision Petition in CRP (PD)No.3510/2007, the tenants preferred an appeal before the Hon'ble Supreme Court of India in SLP (civil) No.32980/2011 and the Hon'ble Supreme Court, by its Order dated 10.01.2012 dismissed the Special Leave Petition and granted time till 30.6.2012 for vacating the premises subject to the condition that necessary affidavit and undertaking shall be filed by the tenants within four weeks.