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2009 DIGILAW 101 (MAD)

Shanmugam v. Banumathi

2009-01-09

A.C.ARUMUGAPERUMAL ADITYAN

body2009
Judgment :- Under this revision, the order passed in unnumbered RCA SR.No.11042 of 2007 on the file of VII Judge, Court of Small Causes, Chennai is challenged. 2. A perusal of the impugned order will go to show that under the unnumbered RCA SR.No.11042 of 2007, the revision petitioner herein as the appellant therein had challenged the order passed by the executing Court in M.P.SR Nos.8835,8836 and 8837 of 2007 which is not maintainable under Section 18(2) of the Tamil Nadu Buildings ( Lease and Rent Control) Act . 3) Section 18(1). . . . .. . . .. . Section 18(2) of the Tamil Nadu Buildings(Lease and Rent Control) Act 1960 reads as follows: "An order passed in execution under Sub Section (1) shall not be subject to any appeal or revision". Even in S. Mohammed-v-The State of Tamil Nadu reptd., by Secretary to Govt.Home Department, Madras( 1984 (2) MLJ 326 at page 328) and Purushotham Chettiar -v-Puskraj Jain(1980 TLNJ 155 at 157), the view taken by the Appellate Authority in RCA SR.No.11042 of 2007 has been strengthened. Under such circumstances, I do not find any merit in the civil revision petition. 3. At this juncture, the learned counsel appearing for the revision petitioner would contend that he has got some grievance in respect of the order passed by the Executing Court (14th Judge, Small Causes Court, Chennai) in respect of the properties scheduled to the execution petition. If it is so, it is open to the revision petitioner to move with necessary application before the Executing Court for redressal. 4. In fine, with the above observation, this revision petition is dismissed before admission.