Madras High Court
S.Ramadevi vs H.Kushalchand Shiyal on 27 April, 2021
C.R.P.(NPD)No.172 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.R.P(NPD).No.172 of 2019
and C.M.P.Nos.1391, 1393 & 4497 of 2019
S.Ramadevi ...Petitioner
Vs
1.H.Kushalchand Shiyal
2.Oormila Shiyal
3.K.Anilkumar Shiyal
4.K.Kamal Chand Shiyal
5.K.Vimal Kumar Shiyal ...Respondents
Revision Petition filed under Section 25 of the Tamil Nadu Buildings
[Lease and Rent Control] Act to set aside the judgment and decree dated
13.12.2018 passed in RCA.No.655 of 2018 on the file of the learned VIII
Judge, Small Causes Court, Chennai and confirm the fair and decreetal
order dated 01.09.2018 in M.P.No.259 of 2018 in RCOP.No.531 of 2018 on
the file of the Hon'ble XI Small Causes Court, Chennai.
For Petitioner : Mr.Sharath
for Mr.V.Raghupathi
For Respondents : Mr.E.Prabhu
1/6
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C.R.P.(NPD)No.172 of 2019
ORDER
The Revision Petition has been filed by a tenant questioning the order
in R.C.A.No.655 of 2018 dated 13.12.2018 by the VIII Small Causes Court,
Chennai, whereby he had reversed the order dated 01.09.2018 in
M.P.No.259 of 2018 in R.C.O.P.No.531 of 2018, which Rent Control
Petition was on the file of the XI Small Cuases Court at Chennai.
2.There has been a long standing dispute between the parties. The
present petitioner is the tenant and the respondents are the landlords. The
landlords had an occasion to file R.C.O.P.No.560 of 2017 originally under
Section 10(2)(1) of the Tamil Nadu Buildings [Lease and Rent Control] Act,
1960, as amended, claiming that there was default in payment of rent and
further claiming that such default is wilful. The landlords also filed an
application taking advantage of Section 11(4) of the said Act and an order
was also passed directing the petitioner herein to pay the arrears and also
stating that the present petitioner shall continue to pay the monthly rents
without any default.
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C.R.P.(NPD)No.172 of 2019
3.It is the grievance of the landlords before this Court that though
there is such a direction, it had not been followed by the tenant. There was
also another amount payable towards amenities. The Revision Petition
arises with respect to restoration of amenities, particularly, water supply.
4.An affidavit has been filed by the landlord/first respondent before
this Court. I would extract paragraphs 5 and 6 of the said affidavit in
entirety, which is as follows:
“5.I State that the above restoration of water supply
in compliance of the interim orders passed by this Hon'ble
Court was recorded by this Hon'ble Court vide order dated
29.04.2019. I state that we undertake and declare that we
will not disconnect the water supply to Tank B meant for
Revision Petitioner/Tenant till the disposal of
RCOP.No.531 of 2018 without prejudice to our rights and
contentions in the above RCOP. The Revision Petitioner
shall pay the monthly rent without any default.
6.I state that the Revision Petitioner is entitled to
water supply only in respect of the portion admeasuring
1500 sq.ft., in the second floor of the premises bearing
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C.R.P.(NPD)No.172 of 2019
Door No.108/2, Govindappa Naicken Street, Chennai-1, in
which the Revision Petitioner is a tenant under us. The
Revision Petitioner is not entitled to take water from Tank-
B to any other Building in which the Revision Petitioner is
neither a Tenant under us nor owned by us by any means
whatsoever.”
5.In the aforesaid paragraphs, the landlord/first respondent had stated
that they will not disconnect the water supply to Tank B which is meant for
the tenant till the disposal of R.C.O.P.No.531 of 2018, of course, without
prejudice to any other right which may accrue to the landlords. The
landlords has also expressed the hope that the tenant shall pay the monthly
rent without any default. This hope had also been expressed by the Rent
Controller and there is always a burden on the tenant to pay the monthly
rent and not to keep any default. So long as the petitioner is in occupation
in the capacity of a tenant, an obligation arises on the very factum of such
possession to pay rent and if he enjoys the amenities, he should pay the
charges towards such amenities provided by the landlord.
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C.R.P.(NPD)No.172 of 2019
6.I am also informed that one of the Rent Control Petitions is posted
for orders. I am confident that the learned Rent Controller/Rent Control
Appellate Authority would take a considered decision based on the evidence
recorded and available and pass an order without any delay.
7.With the above observations, the Civil Revision Petition is disposed
of. No order as to costs. Consequently, connected miscellaneous petitions
are closed.
27.04.2021
cse
Index:Yes/No
Internet: Yes/No
To
1.The VIII Judge,
Small Causes Court, Chennai.
2.The XI Judge,
Small Causes Court, Chennai
https://www.mhc.tn.gov.in/judis/
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C.R.P.(NPD)No.172 of 2019
C.V.KARTHIKEYAN, J,
cse
C.R.P.(NPD)No.172 of 2019
and C.M.P.Nos.1391, 1393 & 4497 of 2019
27.04.2021
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
