Madras High Court
Access Represented By Its vs Tahseen Jehan Ahmed on 20 December, 2021
C.R.P(NPD)No.1360 of 2021
and CMP.No.10557 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P(NPD)No.1360 of 2021
and
CMP.No.10557 of 2021
Access represented by its,
Chief Executive Tejindir Singh,
Shop No.2, G2, Gems Coat,
D.No.14, Khader Nawaz Khan Road,
Nungambakkam, Chennai – 6. ..Petitioner
Vs.
1.Tahseen Jehan Ahmed
2.Nazheen Jehan Ahmed
both represented by their mother &
Power Agent, Dr.Chand Begum ..Respondents
Prayer: Civil Revision Petition filed under Section 25 of the Tamilnadu
Buildings (Lease & Rent Control) Act, against the decree and judgment of
the Rent Control Appellate Authority dated 04.02.2021 made in
RCA.No.464 / 2016 on the file of the VII-Judge, Small Causes Court,
Chennai in confirming the decree and order dated 05.07.2016 passed in
MP.No.250 of 2016 in RCOP.No.568 of 2014 on the file of the X-Judge,
Small Causes Court, Chennai.
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https://www.mhc.tn.gov.in/judis
C.R.P(NPD)No.1360 of 2021
and CMP.No.10557 of 2021
For Petitioner : Mr.C.R.Rukmani
For Respondents : Mr.K.V.Sundarrajan
ORDER
Challenge in this revision is to the order of the learned Rent
Controller, rejecting an application of the petitioner, seeking leave to file
additional counter in a rent control original proceeding launched under
Section 10(3)(a)(iii) of the Tamilnadu Buildings (Lease and Rent Control)
Act by the landlord, seeking eviction on the ground of bonafide requirement
for own use and occupation. At the time when the matter was posted for
arguments, the above application came to be filed and all that is sought to be
raised in the additional counter is that the mother of the petitioners for
whose requirement to the premises is sought for owns a better accomodation
and the petition premises is not suited for her Clinic, which is the purpose
for which eviction is sought for.
2.It is a settled law that the tenant cannot dictate terms to the
https://www.mhc.tn.gov.in/judis
C.R.P(NPD)No.1360 of 2021
and CMP.No.10557 of 2021
landlord as to how and where he/she or any of the family members should
carry on his / her profession. The application has been rejected by the Rent
Controller and the Appellate Authority on the ground that it is belated and
only an attempt to drag on the proceedings. By this process, the petitioner /
tenant has gained five years, since the application was filed in the year 2016.
3. In view of the same, I do not see any reason to entertain the
revision. This civil revision petition therefore, fails and it is accordingly,
dismissed. No costs. Consequently, connected miscellaneous petition is
closed. It is made clear, the Rent Court is directed to dispose of
RCOP.No.568 of 2014 within a period of three months from the date of
receipt of a copy of this order.
20.12.2021
kkn
Index:No
Internet:Yes
Speaking
https://www.mhc.tn.gov.in/judis
C.R.P(NPD)No.1360 of 2021
and CMP.No.10557 of 2021
R.SUBRAMANIAN, J.
KKN
To:-
1.The VII Judge, Small Causes Court,
Chennai.
2.The X-Judge, Small Causes Court,
Chennai.
C.R.P(NPD)No.1360 of 2021
and
CMP.No.10557 of 2021
20.12.2021
https://www.mhc.tn.gov.in/judis
