(1.) THIS Civil Revision Petition is filed to set aside the order passed by the learned District Munsif Court, Theni in E.P. No. 25 of 2006 in R.C.O.P. No. 1 of 1996, as without juricdiction, void ab initio and non est in law.
(2.) THE Respondents/Landlord filed a Petition in R.C.O.P No. 1 of 1996 against the Petitioner seeking eviction before the Rent Controller, Periyakulam under Section 10(3)(a)(iii) and 10(2)(i) of the Tamil Nadu Building (Lease and Rent Control) Act (herein after referred to as the Act) and the same was allowed and eviction was ordered, as against which, the Petitioner/Tenant filed an Appeal in R.C.A. No. 14 of 1998, which was dismissed. THEreafter, the Respondent filed an Execution Petition in E.P. No. of 2005 before the Rent Controller, Periyakulam. In mean while, a separate District Munsif Court was constituted at THEni under G.O.Ms. No. 69, Home (Courts III), dated 23.1.2006. Under the said G.O., in exercise of powers conferred by Section 4 of the Tamil Nadu Civil Courts Act, 1873, a separate District and Sessions Court, Chief Judicial Magistrate's Court and District Munsif Court were constituted with effect from the date on which the respective presiding officers assumed charge on 28.1.2006.
(3.) THE learned Counsel for the Petitioner placed reliance on the decision of the Division Bench of this Court reported in this case K.R. Sankar, etc,. v. M.A. Buvanambal Ammal, 1971 (1) MLJ 230, wherein it is held as follows: