High CourtsSingle Bench

Shanmugam vs Banumathi

Madras High Court · Decided on 9 January 2009 · Citation: (2009) 01 MAD CK 0097

HON’BLE JUDGES
A.C. Arumugaperumal Adityan, J
ACTS & SECTIONS REFERRED
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 — Section 18(1), 18(2)
RESULT
Dismissed
CASE NUMBER
C.R.P. (NPD) No. 4247 of 2008
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Judgment

15 paragraphs · 266 words

A.C. Arumugaperumal Adityan, J.—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

u/s 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 Vs. The State of Tamil Nadu and Another, 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.