Mahaveer Transport, Prop. v. C. Mallinathan VS Fermier Estates Rep. by Co-owner
2006-01-05
S.R.SINGHARAVELU
body2006
DigiLaw.ai
Judgment :- (Civil Revision Petitions filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, (Amended Act, 1973) as stated therein.) This Civil Revision arises against the order dated 13.7.2005 passed in R.C.A.No.619 of 2000 by the VIII Judge, Court of Small Causes at Madras, confirming the order dated 8.9.2000 passed in M.P.No.365 of 2000 in R.C.O.P.No.1526 of 1998 by the XIV Judge, Court of Small Causes at Madras in and by which the petitioner/tenant's application to set aside the ex-parte order of eviction dated 28.7.1999 was dismissed. 2. The contention of the petitioner/tenant is that he came to know about the ex-parte order of eviction dated 28.7.1999 only on 22.3.2000 when the notice in Execution Petition was served. 3. The contention of the landlord was that notice in the R.C.O.P. was sent to the correct address of the tenant by all modes prescribed in the Act and as the tenant had wilfully evaded the notices, there is no acceptable reason to set aside the ex-parte order. 4. Both the Courts below on facts found against the tenant, in respect of services. In the R.C.O.P. notice was ordered by R.P.A.D. for the hearing on 21.8.1998. Services were awaited on 11.9.1998 and 5.10.1998. Fresh notice through Court and post was ordered on 29.10.1998 for the hearing on 26.11.1998. The notice was found affixed upon the tenant's premises, which was found locked. Similarly notice through post was returned to the Court with an endorsement as "not found in delivery time". For two subsequent notices for the hearing date on 19.1.1999 and 8.2.1999 were returned with endorsement as "door locked". However, service was made upon affixure. Thus, there were three affixures made as mentioned above. Regarding the postal notice the endorsement, as "not found in delivery time" is something unusual indicating along with the other above mentioned difficulty in service, evasiveness of the tenant, however, there was also a paper publication made and was effected on 18.6.1999. Again on 9.7.1999, substituted service in the Court Notice Board and last known address was effected. Therefore, the satisfaction of the Courts below about the sufficient service of process is of no mistake. 5.
Again on 9.7.1999, substituted service in the Court Notice Board and last known address was effected. Therefore, the satisfaction of the Courts below about the sufficient service of process is of no mistake. 5. As per the process of service as contemplated under Rule 22 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 'A notice issued by the Controller or the Appellate Authority shall be served on the person concerned (a) either by giving or tendering it to such person or (b) if such person is not found, by leaving it at his last known place of abode or business or by giving or tendering it to some adult member of his family or (c) if the address of such person is known to the Controller or the Appellate Authority by sending it to him by registered post acknowledgement due; or (d) if none of the means aforesaid is available, by affixing it in some conspicuous part of his last known place or abode or business'. 6. So there was strict adherence of service. Paper publication was also effected only by way of abundant caution. Notice sent to the tenanted premises which was occupied as a godown so held proper in a case reported in M/s. Mahaveer Electric Corporation vs. D. Ashokkumar and two others ( 1997 (2) CTC 107 ). When E.P. notice was served in the same address, the affixure made earlier, as mentioned supra in the said address is also in supportive of the case of the landlord. 7. I find no merit in this Civil Revision. This Civil Revision Petition fails and is dismissed accordingly. The order dated 13.7.2005 passed in R.C.A.No.619 of 2000 by the VIII Judge, Court of Small Causes at Madras, confirming the order dated 8.9.2000 passed in M.P.No.365 of 2000 in R.C.O.P.No.1526 of 1998 by the XIV Judge, Court of Small Causes at Madras is confirmed. No costs. Consequently, C.M.P.No.15118 of 2005 is also dismissed. Time for eviction three months.