MOHIDEENBI Vs. H KHAJA MOHIDEEN

JUDGEMENT

(1.) The revision petitioner is the respondent in R.C.O.P.NO.54 of 2014, on the file of the learned Principal District Munsif Court, Madurai Town. The petitioners / respondents herein in this petition sought the relief of eviction against the respondent / tenant / petitioner herein directing him to vacate and put the petitioners / respondents herein in vacant possession of the property.

(2.) The Trial Court, by order dated 17.11.2015, had passed an exparte order in the petition filed by the respondents herein and allowed the petition. Aggrieved by the said exparte and dismissal order as against the petitioner herein, the revision petitioner filed I.A.No.140 of 2017, on the file of the Principal District Munsif Court, Madurai Town with the prayer to condone the delay in preferring the petition to set aside the exparte order. The said petition was dismissed and challenging the said order, the petitioner is before this Court.

(3.) It is the case of the revision petitioner that he is the tenant under the second respondent. The property in question belongs to the second respondent herein. The said property had been leased out to the revision petitioner for residential purpose for a monthly rent of Rs. 300/-. The said tenancy was oral. The petitioner is paying the rent without any default. While so, the respondents filed an eviction petition before the trial Court on the sole ground of wilful default. The petitioner was unable to file the statement of objections, on time, due to her health condition. Hence, the trial Court passed an exparte order in the eviction petition filed by the respondents herein. Aggrieved over the same, the petitioner herein has filed I.A., to condone the delay in preferring the petition to set aside the exparte order. The same was dismissed stating that sufficient reasons to condone the delay have not been shown by the petitioner herein and also on the ground of delay. Assailing the same, the petitioner is before this Court with the present Civil Revision Petition.