SAROJA Vs. A J BOSS

JUDGEMENT

(1.) THE petitioner/ landlady has preferred this revision against the order passed in M. P. No. 363 of 1993 in R. C. O. P. No. 1973 of 1986 refusing to pass consequential order directing eviction of the respondent.

(2.) THE petitioner filed R. C. O. P. No. 1973 of 1986 for eviction. She also filed M. P. No. 63 of 1987 under Sec. 11 (4) of the Tamil Nadu buildings (Lease and Rent Control) Act, 1960. When it was allowed R. C. A. No. 770 of 1987 was taken. THE respondent obtained stay in the said R. C. A. Hence consequential eviction order was not passed in the main R. C. O. P. No. 1973 of 1986. When R. C. A. No. 770 of 1987 was dismissed, the respondent preferred C. R. P. No. 1835 of 1989. On 5. 11. 1990 this Court dismissed the C. R. P. and confirmed the order of the Rent Controller in M. P. No. 163 of 1987. dated 20. 10. 1980 under Sec. 11 (4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act ).

(3.) THE earlier consequential order passed in the main r. C. O. P. No. 1973 of 1986 was set aside, because the eviction order was passed v hen stay was granted by this court and the same was in force. THE allowing of the C. R. P. No. 3618 of 1992 dated 23. 3. 1993 by the learned Judge was not on merits, but on the technical ground. THErefore, it tantamounts to vacating the eviction order passed in 5. 9. 1989 and not dismissal of R. C. O. P. No. 1973 of 1986. After the dismissal of C. R. P. No. 1835 of 1989 on 5. 11. 1990, the petitioner is entitled to move the court for passing the consequential order in the main r. C. C. P. No. 1973 of 1986.