R SHANTHI Vs. K S SALHAL BIVI

JUDGEMENT

(1.) This Civil Revision petition is filed against the fair order and ex- order passed in I.A.No.124 of 2016 in R.C.O.P.No.92 of 2015, dated 17.11.2016 on the file of the Principal Rent Controller, (Principal District Munsif), Madurai Town, dismissing the petition filed by the petitioner to take up the maintainability of R.C.O.P. No.92 of 2015 as a preliminary issue.

(2.) Heard the learned counsel appearing for the petitioner.

(3.) The petitioner is the tenant. Earlier it appears that the respondent/landlady filed a petition in R.C.O.P.No.181 of 2011 for fixing fair rent. The landlady also filed a petition earlier for eviction on the ground of wilful default. In the petition in R.C.O.P.No.181 of 2011, the fair rent was fixed. Aggrieved by the same, the tenant has preferred an Appeal in R.C.A.No.53 of 2014 before the Rent Control Appellate Authority, Principal Subordinate Court, Madurai. During the pendency of the Appeal that was filed by the tenant in R.C.A.No.53 of 2014, the landlady has filed another petition in R.C.O.P.No.92 of 2015 before the Rent Controller(Principal District Munsif), Madurai Town, for wilful default on the ground that the petitioner who is liable to pay the fair rent as fixed by this Court in the earlier proceedings has committed wilful default. During the pendency of this eviction petition, the petitioner/tenant filed an Interlocutory Application in I.A.No.124 of 2016 to decide the maintainability of the petition in R.C.O.P.No.92 of 2015 as a preliminary issue, by stating that a petition for eviction on the ground of wilful default is not maintainable, when the Appeal is pending against the order determining the fair rent for the premises.