Sabalai Property Developers P Ltd rep by Director M. K. Karunanidhi v. Mohana Kishan Chand & Others
2009-12-15
M.VENUGOPAL
body2009
DigiLaw.ai
Judgment The revision petitioner/proposed 4th respondent in the execution petition has filed this civil revision petition as against the fair and decretal order dated 30.10.2008 made in RCA.No.409 of 2007 in M.P.No. 273 of 2006 in E.P.No.503 of 2005 in RCOP No.2009 of 1999 on the file of learned VII Judge, Court of Small Causes, Chennai. 2. The learned Appellate Authority viz., VII Judge, Court of Small Causes, Chennai, while passing Judgment in RCA.No.409 of 2007 has, inter alia, come to the resultant conclusion that the rent control appeal is not maintainable and consequently dismissed the same as not maintainable in law. 3. Being dissatisfied with the said Judgment and decree so passed in RCA.No.409 of 2007, the revision petitioner/proposed 4th respondent has preferred this revision petition before this Court. 4. It is not in dispute that the revision petitioner has filed RCA. No.409 of 2007 before the learned Appellate Authority viz., VII Judge, Court of Small Causes, Chennai as against the order dated 7. 20007 passed in M.P.No.273 of 2006 in E.P.No.503 of 2005 in RCOP No.2009 of 1999 on the file of learned X Judge, Court of Small Causes, Chennai. 5. It is to be noted that M.P.No.273 of 2006 has been filed by the revision petitioner before the learned Rent Controller under Order 1 Rule 10(2) of CPC praying to implead him as 4th respondent in E.P.No.503 of 2005. In this connection, this Court pertinently points out that ingredients of Order 1 Rule 10(2) of CPC are not applicable to the Rent Control Proceedings. Be that as it may, in the present case on hand, M.P.No.273 of 2006 has been dismissed by the learned Rent Controller on the ground that when the order passed in the Rent Control Original Petition is in force and further when the learned Rent Controller is in a position to execute the said order in an execution proceedings, the request of the petitioner to implead him as 4th respondent in the execution proceedings is not to be accepted and resultantly dismissed the petition. 6. The issue of applicability of Order 1 Rule 10(2) of CPC has not been adverted to by the learned Rent Controller, while dismissing M.P.No.273 of 2006.
6. The issue of applicability of Order 1 Rule 10(2) of CPC has not been adverted to by the learned Rent Controller, while dismissing M.P.No.273 of 2006. Any way, since the applicability of Order 1 Rule 10(2) of CPC is an abstract issue of law and since it is a legal question, there is no embargo in law for this Court to go into this aspect and to answer the point and accordingly on going through the entire gamut of the Rent Control Act, this Court is of the considered view that Order 1 Rule 10(2) of CPC is not at all applicable to the Rent Control Proceedings and the point is answered against the revision petitioner/proposed 4th respondent in the execution petition. 7. Apart from the above, the core question to be decided in this revision petition is the second limb of argument on maintainability of filing of RCA No.409 of 2007 as against the order passed in M.P.No.273 of 2006. In law, as against the order dated 7. 2007 passed in M.P.No.273 of 2006 only a revision lies before this Court unfortunately, the revision petitioner has not resorted to such a procedure. Instead, he has taken recourse by way of filing of an appeal as against the order passed in M.P.No.273 of 2006 and accordingly projected R.C.A.No.409 of 2007. Ultimately, the first appellate authority has held that R.C.A.No.409 of 2007 is not maintainable. 8. When M.P.No.273 of 2006 filed under Order 1 Rule 10(2) CPC itself is not prima facie maintainable before the Rent Controller even at the stage of execution proceedings, then the filing of an appeal RCA 409 of 2007 before the first appellate authority is also not maintainable and in this factual scenario as an aggrieved person, the petitioner cannot maintain the revision before this Court and resultantly, the civil revision petition is dismissed. 9. In the result, this civil revision petition is dismissed leaving the parties to bear their own costs. Consequently, connected M.P.No.1 of 2009 is also dismissed.