MANIJEH NAMAZIE Vs. MINERVA TALKIES

JUDGEMENT

(1.) THIS Civil Revision Petition is filed against the order dated 24. 11. 2006 made in M. P. No: 741 of 2006 in RCA. No: 917 of 2006 passed by the learned VIII Judge, (Rent Control Appellate Authority) Court of Small causes, Chennai against the order passed in M. P. No:86 of 2006 in E. P. No:587 of 2002 in RCOP No:986 of 2001 by the learned XII Judge, Small Causes Court, chennai, extending the interim stay of the proceedings in the execution proceedings in E. P. No. 587 of 2002.

(2.) ACCORDING to the revision petitioners/landlords, they are the absolute owners of the entire ground premises and building of the demised property. The first respondent firm is a tenant under them of the demised property on a monthly rent of 14,000/=. The second respondent is a partner in the first respondent firm. The third respondent is the third party to the proceedings who claims to be in lawful possession of 2000 sq. ,ft. , of the ground floor. He filed M. P. No. 86 of 2006 in E. P. No. 587 of 2002 under Order 21 Rule 97 CPC with a prayer to record and note his obstructions.

(3.) THE arrears of rent increased to 14,30,000/= and the tenant did not pay a single pie. It is pertinent to note that the E. P. , was filed after dismissal of the two RCA Nos:367 and 944 of 2002 for default. THE m. P. Nos:228 and 229 of 2004 filed for restoration of the RCAs were also dismissed on 29. 7. 2004. Again the respondents filed three applications and in mp. No:155 of 2005 sought for interim stay of the eviction ordered in the main rcop pending disposal of MP. NO. 151 of 2005 taken out for restoration of the mp. No:229 of 2004 in RCA. No. 944 of 2002, wherein a conditional order was passed to deposit the entire rental arrears, which has also not been complied with by the respondents.