G G KANNAN Vs. SALEEM

JUDGEMENT

(1.) THIS Civil Revision Petition is preferred against the order dated 18.08.2009 passed in unnumbered E.A. of 2009 in E.P.No.249 of 2002 in R.C.O.P.No.73 of 1985 on the file of Principal District Munsif Court, Kumbakonam.

(2.) AN ex-parte order of eviction has been passed against one Theskhnamoorthy, who is said to have let out the property to the petitioner executing a rent deed in his favour by getting a sum of Rs.15,000/-(Rupees fifteen thousand only) as consideration on 18.08.1998. According to the petitioner, he was paying the rent of Rs.750/-(Rupees seven hundred and fifty only) per month to the said Theskhnamoorthy till January 2008. Thereafter, it is alleged that Theskhnamoorthy colluded with the decree holder and refused to receive the rent. Subsequently an exparte eviction had come to have been passed.

(3.) ORDER 21, Rule 97 of Civil Procedure Code, reads as follows: "97. Resistance or obstruction to possession of immovable property: