S M CHANDRASEKARAN Vs. S S JAYAMANI

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed by the petitioner challenging the order dated 15.12.2006 in I.A.No.192 of 2006 in R.C.O.P. No.120 of 2004 passed by the Principal Rent Controller, (Principal District Munsif Court), Madurai Town.

(2.) THE petitioner is the tenant and the respondents are landlords. Originally one Mr.S.R.Sutharsan, who is the husband of the first respondent and father of the respondents 2 to 4 filed R.C.O.P.No.120 of 2004 before the Principal Rent Controller, (Principal District Munsif, Madurai Town. THE petitioner remained exparte in the R.C.O.P., which resulted in exparte order passed on 12.04.2006. THEreafter, he filed an interlocutory application before the Rent Controller seeking to set aside the exparte order. Further in filing the said interlocutory application there was delay of 73 days. In order to have the delay condoned, he has filed I.A.No.192 of 2006 before the Rent Controller. In the meantime, the original landlord Mr.S.R.Sutharsan died and in his place respondents 1 to 4 were impleaded as the petitioners 2 to 5 in the R.C.O.P. In I.A.No.192 of 2006, the respondents have filed a detailed counter. THE learned Rent Controller after considering the rival contentions, dismissed the said interlocutory application, thereby refusing to condone the delay by order dated 15.12.2006. THE said order is under challenge in this revision before this Court.

(3.) THE principal contention of the learned senior counsel for the respondents is that the order under challenge is an appealable order, falling within the ambit of Section 23 of the Tamil Buildings Lease and Rent Control Act and therefore when there is an effective and alternative remedy of appeal available to the petitioner, this revision is not maintainable under Article 227 of the Constitution of India.