K N PARVATHY Vs. P V N SWMAY

JUDGEMENT

(1.) PETITIONS filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, to set aside the order and decretal order dated 20.06.2008 passed in M.P.Nos.403 and 402 of 2008 in M.P.No,219 of 2008 in RCA.No,230 of 2008 on the file of the VIII Small Causes, Chennai.) Common Order: The revision petitioner/landlady has preferred these two civil revision petitions as against the order dated 20.06.2008 in M.P.Nos.403 and 402 of 2008 in M.P.No,219 of 2008 in R.C.A.No,230 of 2008 passed by the learned Appellate Authority viz., VIII Court of Small Causes, Chennai.

(2.) THE learned Appellate Authority, while passing orders in M.P.No,402 and 403 of 2008 in R.C.A.No,230 of 2008, has inter alia observed that 'this Court find sufficient reason to grant extension of time for two days for payment of rental arrears and also for stay of execution till then and has directed the respondent/tenant to deposit a sum of Rs.30,787/- in this Court, being the amount arrived by the Rent Controller in M.P.No,491 of 2007 on or before 23.06.2008 and till then stay of further proceedings in pursuance of order dated 29.02.2008 passed in R.C.O.P.No,956 of 2007 is granted. Call on 23.06.2006.

(3.) THE stand of the revision petitioner/landlady is that though conditional order has been passed in M.P.No,219 of 2008 in R.C.A.No,230 of 2008 dated 18.03.2008 directing the respondent/tenant to deposit the entire amount as directed by the learned Rent Controller on or before 04.04.2008 and posted the matter for compliance on 08.04.2008 the respondent/tenant has not complied with the same and subsequently, the interim order passed has been vacated and the revision petitioner/landlady has been constrained to file E.P.No,206 of 2008 for taking delivery of possession let out to the respondent/tenant and that the Executing Court has ordered for delivery of possession on or before 02.06.2008 and the respondent/tenant's wife prevented the execution of warrant by the bailiff and the respondent/ tenant later filed miscellaneous petition in E.P.No,206 of 2008 in R.C.O.P.No,956 of 2007 praying for stay of operation of the order for the period of 30 days so as to enable the respondent/tenant to approach the Honourable High Court and the learned Rent Controller by an order dated 12.06.2008 as directed the delivery of premises to be made by the respondent/tenant to the revision petitioner/landlady on or before 25.06.2008 etc.