The Civil Revision Petition is filed against the fair and decreetal order dated 29.01.2013 made in I.A.No.180 of 2012 in O.S.No.23 of 2010 on the file of the Sub-Court, Perambalur.
2. Heard the learned counsel for the petitioners.
3. The respondents as the plaintiffs filed a suit in O.S.No.23 of 2010 for recovery of rent arrears with interest. The petitioners/defendants have filed a written statement. Since they had not prosecuted the case, the suit was decreed exparte, against which, the petitioners filed I.A.No.180 of 2012 to set aside the exparte decree. In the decree, the petitioners/defendants were directed to deposit the decree amount of Rs.4,00,216.70 along with interest at the rate of 9% from the date of filing the suit till the date of decree and from the date of decree to realisation, the interest is 6%.
4. As per the order dated 18.01.2013, the petitioners/defendants were directed to deposit 25% of the decree amount on or before 28.01.2013 and the application was posted on 29.01.2013. But the said application was dismissed for non compliance of the order dated 18.01.2013, as the petitioners have not complied the order and not deposited the amount. Against which, the petitioners preferred this revision. Till then, the petitioners have not deposited the amount. Furthermore, the revision has been adjourned periodically and the petitioners have not shown any interest to deposit the rent amount. Moreover, the landlord-tenant relationship is not disputed by the petitioners. In such circumstances, I am of the view that the petitioners have to deposit the arrears of rent. Instead of depositing the same, they have come forward with the revision only with a view to drag on the proceedings. Therefore, I do not find any reasons to allow the revision. The fair and decreetal order passed by the trial Court does not suffer any infirmity or illegality and it is hereby confirmed. Consequently, the Civil Revision Petition is dismissed.
5. In the result, the Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
18.01.2017 kj R.MALA,J.
Kj To The Sub-Court, Perambalur.
C.R.P(NPD).No.449 of 2014
and M.P.No.1 of 2014
18.01.2017
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