R N PRAKASH Vs. SARASWATHI

JUDGEMENT

(1.) THIS revision is filed under Article 227 of constitution of India by the tenant in RCOP 141 of 1993 on the file of Rent controller/district Munsif, Poonamalee. An order of eviction was passed and against the same petitioner filed RCA 38 of 1995 on the file of Subordinate judge, Poonamalee.

(2.) THE appeal was posted for hearing on 18. 6. 1997 and the same was adjourned at the request of petitioner. THE advocate Clerk mistook the posting as 14. 7. 1997 even though it was posted on 30. 6. 1997. So when the matter was enquired on 14. 7. 1997, petitioner came to know that on 30. 6. 1997 itself appeal was dismissed for default since there was no representation. Petitioner moved an application to restore the same under Rule 16 (3) of the Tamil Nadu buildings (Lease & Rent Control) Act, 1960, though the same is wrongly stated as Rule 12 (3) and Section 151 of Code of Civil Procedure. THE application was filed in time i. e. , on 27. 7. 1997.

(3.) IN B. S. C. Enterprises v. Ashok Kumar Lunia , 1995 (II)C. T. C. 281, Justice Rengasamy held thus: ' . . . When the adjudication before the Rent controller relates to the rights of the parties, which are in civil nature, and the order of Rent Controller also is an executable order, certainly the view of this court that the Rent Controller is a Court has to be accepted for all purposes. ' Learned Judge in para 4 of the same Judgment further held thus, ' When once the Rent Controller is considered to be a court, the court must have the way for doing substantial justice to the parties before it. The court cannot be so rigid closing its eyes to the facts when placed before it for the purpose of the proper adjudication. . . ' IN the same paragraph, learned Judge also held thus, ' . . . When it is conceded that the Rent controller has the inherent powers to order for amendment with regard to the mistakes found in the petition, I feel that the Court is more powerful with its inherent powers to rectify the mistakes namely the omission to mention certain vital aspects which are incidental to the relief sought for in the petition'