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Judgment
ORDER
In view of the limited relief sought for in this revision petition, I am inclined to dispense with notice to the respondents.
The petitioners are the landlords, who filed RCOP No.3 of 2008 and eviction was ordered on 08.11.2012. In fact, pending RCOP No.3 of 2008, an application was filed under Section 11(4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for payment of entire arrears of rent which came to be allowed and the same was challenged in RCA No.20 of 2012 before the Rent Control Appellate Authority, viz., Sub Court, Kancheepuram. The said appeal was however dismissed on 04.07.2018, since pending the appeal, the entire arrears have been paid. However, subsequently, the respondents/tenants did not contest the RCOP No.3 of 2008, which resulted in the exparte order of eviction being passed. After lapse of six years, the respondents have filed an application to set aside the exparte order of eviction, which is yet to be numbered. They have also taken out an application for stay in the interregnum period.
Citing pendency of these applications, the execution petition filed by the petitioners is not being numbered and has been retained at the SR stage by the Rent Controller (District Munsif-cum-Rent Controller), Sriperumbudur. As long as there is no stay granted by any appellate authority and the exparte order of eviction has not been set aside in the manner known to law, the right of the petitioners to execute the decree cannot be scuttled.
In the light of the above, I am inclined to issue necessary direction to the Rent Controller being the District Munsif-cum-Judicial Magistrate, Sriperumbudur to number EP SR No.3584 of 2019, if it is otherwise in order, not putting the pendency of any applications for stay or setting aside filed by the tenants unless and until the respondents/tenants are able to obtain an interim order of stay of execution of proceedings, and dispose of the execution petition on merits and in accordance with law within a period of three months thereafter.
With the above direction, the civil revision petition is allowed. No costs.