Madras High Court
K.Dhanalakshmi vs K.C.Chenchu Krishnaiah (Died) on 7 December, 2021
CRP No.2758 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CRP No.2758 of 2021
and
CMP No.20113 of 2021
Mrs.Chandrakesavalu (Deceased) by Lrs.
1.K.Dhanalakshmi
2.K.Jayakaran
3.K.Hemalatha
4.K.Murali ... Petitioners
(Appellants 1 to 4 brought on record as per order
passed in MP.No.270/17 dated 24.8.2017)
Vs
1.K.C.Chenchu Krishnaiah (Died)
2.Rajalakshmi
3.K.Lakshmi Deepthi
4.K.Gangadhar Goutham ... Respondents
(R2 to R4 brought on record as LRs of the deceased R1
viz. K.C.Chenchu Krishnaiah vide Court order dated
28.10.2021 made in CMP.17703 of 2021 in
CRP.SR.45775/2020)
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of
India against the Fair and Decreetal order dated 19.02.2020 passed in
R.C.A.No.357 of 2014 on the file of VIII Judge, Court of Small Causes,
1/6
https://www.mhc.tn.gov.in/judis
CRP No.2758 of 2021
Chennai, confirming the Judgment and decree made in M.P.No.364 of 2013
in RCOP.No.1480 of 2013, dated 09.06.2014 on the file of the XVI Judge,
Small Causes Court, Chennai under Section 25 of Tamil Nadu Buildings
(Lease and Rent Control) Act, 1960.
For Petitioners : Mr.M.Kamalakannan
ORDER
The tenant who has been persistently defaulting in payment of rent
challenges the order of the Appellate Court dismissing his appeal against the
order of the Rent Controller made in MP.No.364 of 2013, an application
under Section 11 of the Act directing the tenant to pay the arrears and also to
continue to pay the monthly rent on or before 7th of every month. The
landlord initiated proceedings for eviction in RCOP.No.1480 of 2013 on the
ground of wilful default in payment of rent and own occupation. Pending the
proceedings the tenant did not pay the rent. Therefore, the landlord filed an
application in MP.No.364 of 2013 seeking a direction to the tenant to pay
the rent. The learned Rent Controller directed the tenant to deposit the
arrears of rent for the period from August 2010 to May 2014 after adjusting
the payments made on or before 09.07.2014. There was also a direction to
https://www.mhc.tn.gov.in/judis
CRP No.2758 of 2021
pay future monthly rent directly on or before 7th day of every subsequent
English calendar month.
2.It is this order which was subject matter of challenge in
RCA.357 of 2014, pending the said RCA, the landlord filed MP.No.340 of
2017 seeking the arrears of rent. The said petition was also resisted by the
tenant. However, during the pendency of the said petition, the tenant paid
the arrears. Recording such payment during the pendency of the said
petition, the learned Appellate Authority dismissed the same. Thereafter,
when the appeal was taken up for hearing, the Appellate Court found that
the tenant has not paid the rents for the period after 08.02.2019. The last
payment was made only on 08.02.2019. The learned Appellate Authority
found that the order of the Rent Controller in MP.No.364 of 2013 has not
been complied with in its letter and spirit. It also found that under Section
11(1) of the Tamil Nadu Buildings (Lease and Rent Control) Act, a tenant,
who is in arrears of rent, is not allowed to defend the proceedings.
3.The learned Appellate Authority concluded that the tenants, who
have committed repeated defaults are not entitled to defend the proceedings
for eviction. Therefore, the learned Appellate Authority dismissed the appeal.
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CRP No.2758 of 2021
4.I have heard Mr.Kamalakannan, learned counsel appearing for
the petitioners/tenants.
5.Mr.Kamalakannan would submit that the Appellate Authority
having dismissed the application filed under Section 11 before it in
MP.No.340 of 2017 ought not to have dismissed the appeal on the ground of
subsequent arrears. He would also contend that the landlord has got an
advance of Rs.75,000/-. The second plea namely, the availability of advance
has not been raised anywhere in the proceedings.
6.Mr.Kamalakannan would submit that it was raised in the reply
notice. I do not find any discussion on the payment of advance or its
adjustment in any of the orders of the authorities. I therefore do not think
that the learned counsel could be allowed to raise it in the revision. On the
first question, the order of the Rent Controller which is the subject matter of
challenge in the appeal is clear in as much as it directs the rents for every
month should be paid on or before the 7th of the next succeeding month.
Evidently that has not been done. Even during the pendency of MP.No.340
of 2017, the application under Section 11 filed in the Appellate Court, the
tenant had paid the rents. The tenant cannot drive the landlord to make
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CRP No.2758 of 2021
application under Section 11 and pay the rent pending the applications
thereby keeping the RCOP pending for several years. The original
proceeding was initiated in 2013, almost eight years have gone by. The
tenant has been warding off eviction and contesting the proceedings only in
the Interlocutory stages. I therefore do not see any reason to interfere with
the judgment of the Appellate Authority, the Revision fails and it is
accordingly dismissed. No costs. Consequently, the connected miscellaneous
petition is closed.
07.12.2021
vs
Index: No
Speaking order
To:
1.The VIII Judge,
Court of Small Causes, Chennai.
2.The XVI Judge,
Court of Small Causes, Chennai.
3.The Section Officer,
VR Section,
Madras High Court, Chennai.
R.SUBRAMANIAN, J.
https://www.mhc.tn.gov.in/judis
CRP No.2758 of 2021
vs
CRP No.2758 of 2021
and
CMP No.20113 of 2021
07.12.2021
https://www.mhc.tn.gov.in/judis
