J.V.K. AJAY PRATHEEB Vs. R. SANKARAN

JUDGEMENT

(1.) The Civil Revision Petition is filed against the judgment and decree dated 18.08.2014 made in R.C.A.No.96 of 2014, on the file of the IX Small Causes Court, Chennai, confirming the order dated 20.11.2013 made in M.P.No.404 of 2012 in R.C.O.P.No.765 of 2010 on the file of XIV Small Causes Court, Chennai.

(2.) The petitioner is tenant and respondent is landlord. The respondent filed R.C.O.P.No.765 of 2010 on the file of the XIV Small Causes Court, Chennai, for eviction of the petitioner on the ground of wilful default. The said R.C.O.P. was dismissed for default on 02.07.2012. The respondent filed M.P.No.232 of 2012 to restore the said R.C.O.P.No.765 of 2010. M.P.No.232 of 2012 was allowed by order dated 11.10.2012 on condition that the respondent pays a sum of Rs. 1,000/- to the petitioner on or before 18.10.2012 and posted the said M.P. on 19.10.2012. M.P.No.232 of 2012 was dismissed on 19.10.2012 on the ground that the conditional order was not complied by the respondent. The respondent filed M.P.No.404 of 2012 to set aside the order of dismissal dated 19.10.2012 made in M.P.No.232 of 2012.

(3.) According to the respondent, he sent demand draft for a sum of Rs. 1,000/- to the petitioner on 16.10.2012 by registered post with acknowledgment due. The petitioner refused to receive the same and returned cover was filed on 19.10.2012 before the Rent Controller along with affidavit of service. The same was not recorded in M.P.No.232 of 2012 due to the reason that the concerned Presiding Officer was absent and the said M.P. was taken up before the In-charge Judge.