RAMANI Vs. R.S.GOPALAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the order dated 06.10.2018 made in E.A.No.2 of 2016 in E.P.No.66 of 2012 in R.C.O.P.No.9 of 2004 by the Rent Control cum Principal District Munsif Court, Kumbakonam, Thanjavur District.

(2.) E.A.No.2 of 2016 was filed by the petitioners by stating that the property described in the said petition belongs to one Malayaperumal Chettiar and it is a trust property and originally, the property was enjoyed by the father of the petitioners and the second respondent namely, Veerasamy and after the life time of the father, his legal heirs/the petitioners are doing shoe mart business in the said property and the licence for doing the said business in the said property is in the name of the second petitioner. Now, the first petitioner is running the shop and the second petitioner has no interest in living with the family and left the family and has no relationship and not living in the property or running the said business.

(3.) Further, the petitioners contended that the first respondent herein filed R.C.O.P.No.9 of 2004, who has no right or title over the property and has also proceeded the case. Further, the petitioners have also received some threat from the first respondent for evicting the said property forcefully. Thereafter, the petitioners filed a petition seeking for an order of interim stay on 16.02.2015 and the same was rejected by the Court below on 27.02.2015. Since no reason has been stated for the said rejection by the Court below, the petitioners filed a Civil Revision Petition in C.R.P.(MD) No.795 of 2015 and in the said C.R.P., a direction was given to the petitioners for taking appropriate action as against the respondents by filing necessary petition before the Court below.