RAJESWARI ALIAS LINDA Vs. SADHU LANCONTIRTH

JUDGEMENT

(1.) AN order of the Rent Controller, Pondicherry , made in E. A. No. 20 of 2002 pursuant to an order of eviction in HRCOP No. 27/97 is the subject matter of challenge before this Court.

(2.) THE Court heard the learned Counsel for the petitioner and also for the first respondent.

(3.) AFTER careful consideration of the rival submissions made, and looking into the materials available, this Court is of the considered opinion that the order of the lower authority has got to be sustained since it does not require any interference in the hands of this Court. Admittedly, the hrcop was filed by the first respondent against the second respondent/tenant. Even as per the agreement between the parties, the first respondent was the landlord, and the second respondent was the tenant. There was rental arrears from October 1992 to February 1997 amounting to Rs. 40,000/- and odd at the rate of Rs. 800/- per month. There was willful default. While the matter stood thus, the petitioner and the third respondent were impleaded. Originally, there was an order of eviction passed against them. It was not challenged either by the second respondent-tenant or by the other respondents in the HRCOP. Thus, it has become final. When the matter was put in execution by the party for recovery of possession of the property, the revision petitioner challenged the same by filing an application under Sec. 47 putting forth all the untenable contentions.