Akbar Alias Mohammed Akbar. Vs. V.Ayyavoo - Court Judgment

Excerpt:
[g.rajasuria, j.] tamil nadu buildings (lease and control) act - sectio 23 -- civil revision petitions filed under section 115 of cpc against the decreetal and fair order passed in m.p.nos.58 and 57 of 2011 in rcop nos.88 and 89 of 2010 respectively, on the file of the xv judge, small causes court, rent control authority, chennai dated 23.01.2012. the respondent/landlord filed the rcop nos.88 and 89 of 2010 as against the revision petitioners/tenants.civil revision petitions filed under section 115 of cpc against the decreetal and fair order passed in m.p.nos.58 and 57 of 2011 in rcop nos.88 and 89 of 2010 respectively, on the file of the xv judge, small causes court, rent control authority, chennai dated 23.01.2012.order1. animadverting upon the orders dated 23.01.2012 passed in m.p.nos.58 and 57 of 2011 in rcop nos.88 and 89 of 2010 respectively, by the learned xv judge, small causes court, rent control authority, chennai, this civil revision petition is focussed.2. a thumbnail sketch of the germane facts in a few broad strokes, could be encapsulated thus:the respondent/landlord filed the rcop nos.88 and 89 of 2010 as against the revision petitioners/tenants. it so happened that the rcops were dismissed for default. thereafter m.ps. were filed to get the delay of 110 days condoned in filing the applications to get restored the rcops and the said applications were allowed after hearing both sides.3. being aggrieved by and dissatisfied with the said allowing of those applications in condoning the delay, these two revisions are focussed.4. at the hearing when this court raised the point as to why instead of filing rca under section 23 of the tamil nadu buildings (lease and control) act, these revisions under section 115 of cpc were filed, the learned counsel for the petitioners would submit that as against the order passed in condoning the delay, only revision under section 115 of cpc would be available.5. section 23 of the tamil nadu buildings (lease and control) act is reproduced hereunder for ready reference:"section 23. appeal.-(1)(a) the government may, by general or special order notified in the [tamil nadu government gazette], confer on such officers and authorities as they think fit, the powers of appellate authorities for the purpose of this act, in such areas and in such classes of cases as may be specified in the order.(b) any person aggrieved by an order passed by the controller may, within fifteen days from the date of such order, prefer an appeal in writing to the appellate authority having jurisdiction.in computing the fifteen days aforesaid, the time taken to obtain a certified copy of the order appealed against shall be excluded(2) on such appeal being preferred, the appellate authority may order stay of further proceedings in the matter pending decision on the appeal.(3) the appellate authority shall call for the records of the case from the controller and after giving the parties an opportunities of being heard and, if necessary, after making such further inquiry as he thinks fit either personally or through the controller, shall decide the appeal.explanation.- the appellate authority may, while confirming the order of eviction passed by the controller, grant an extension of time to the tenant for putting the landlord in possession of the building.(4) the decision of the appellate authority, and subject to such decision, an order of the controller shall be final and shall not be liable to be called in question in any court of law, excerpt as provided in section 25."as such, if at all the petitioner/tenant was aggrieved by the order of the rent controller in condoning the delay in filing the applications to get the rcops restored at the instance of the landlord, the only remedy available for the tenant was to file rca and not crp under section 115 of cpc. accordingly, these civil revision petitions are dismissed. no costs. consequently, connected miscellaneous petitions are closed.office is directed to return the certified copies immediately.