KOSALAM ROWTHER Vs. S. KANDASAMY

JUDGEMENT

(1.) THIS civil revision petition is directed against the order of the learned Principal District Munsif, Salem, staying further proceedings in R.E.P. No.4 of 1988 in R.C.O.P. No. 111 of 1978, on an application under Order 21, Rule 29, Civil Procedure Code, taken out by the respondent herein.

(2.) BRIEFLY stated, the circumstances giving rise to the civil revision petition are as follows: The petitioner filed R.C.O.P. No. III of 1978 before the Rent Controller (District Munsif), Salem, under Sections 10(2)(1) and 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960, as amended by Act 23 of 1973, praying for an order of eviction against the respondent herein (who was the second respondent therein) and another. On 13 -9 -1978, when the application for eviction came up for final hearing, a joint endorsement was made by the petitioner and the respondent herein, after giving up the first respondent in R.C.0.P. N0. III of 1978, in the following terms:

(3.) THE principal question that arises for consideration is, whether the application filed by the respondent in R.E.A.No.49 of 1988 invoking the powers of the Court under Order 21, Rule 29, Civil Procedure Code is maintainable. Order 21, Rule 29, Civil Procedure Code as amended by the Act 104 of 1976, reads as follows: