H.Sadiq vs M/S. Amso Pharma Private Limited
2021 Latest Caselaw 14062 Mad

                                                                             C.R.P. (NPD) No. 601 of 2017

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 14.07.2021

                                                         CORAM

                           THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRA

                                              C.R.P. (NPD) No. 601 of 2017
                                                         and
                                                C.M.P. No. 3106 of 2017

                H.Sadiq                                                                  ... Petitioner

                                                           -vs-

                M/s. Amso Pharma Private Limited,
                Rep. by its Managing Director,
                L.Hemant Pandia,
                117, Nainiappa Naicken Street,
                Chennai - 600 003.                                                     ... Respondent

                Prayer:- Civil Revision Petition filed under Section 25 of the Tamil Nadu
                Buildings Lease and Rent Control Act, 1960, praying to set aside the judgment
                and decree dated 28.11.2016 made in R.C.A. No. 86 of 2015 on the file of the
                VII Judge, Small Causes Court, Chennai, reversing the order and decretal order
                dated 08.12.2014 made in R.C.O.P. No. 1720 of 2013 on the file of the XII
                Judge, Small Causes Court, Chennai and allow the above Civil Revision
                Petition.
                                   For Petitioner     : Mr. M.Devendran

                                   For Respondent     : Mr. P.B.Balaji




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                                                                            C.R.P. (NPD) No. 601 of 2017

                                                       ORDER

(The case has been heard through video conference)

The Civil Revision Petition has been field against the fair and decretal

order dated 28.11.2016 in R.C.A. No. 86 of 2015 passed by the VII Court of

Small Causes, Chennai.

2. Brief facts of the case:-

The Respondent/Landlord had filed R.C.O.P. No. 1720 of 2013 before

the XII Court of Small Causes, Chennai/Rent Controller against the

Petitioner/Tenant seeking for a direction to quit and deliver vacant possession

of Shop No. 4 in the ground floor of the premises bearing Door No. 1, Whites

Road, Royapettah, Chennai - 600 014, on the ground of wilful default in

payment of monthly rents. The Rent Controller taking into consideration the

evidence let in by the parties, found that there was no wilful default on the part

of the Petitioner/Tenant and dismissed R.C.O.P. No. 1720 of 2013 by order

dated 08.12.2014 against which, the Respondent/Landlord filed R.C.A. No. 86

of 2015 before the VII Court of Small Causes, Chennai/Appellate Court. The

Appellate Court finding that since the cheques sent by the Petitioner/Tenant

were not encashed by the Respondent/Landlord and that the Petitioner/Tenant

has filed the petition under Section 8(5) of the Tamil Nadu Buildings Lease and https://www.mhc.tn.gov.in/judis/

C.R.P. (NPD) No. 601 of 2017

Rent Control Act, 1960 (hereinafter referred to as the 'Act' for short) as against

M/s. Whites India, but not against the Respondent/Landlord, had set aside the

order passed by the Rent Controller and directed eviction holding wilful default

against which, the present Civil Revision Petition has been filed.

3. The Learned Counsel for the Petitioner/Tenant would submit that the

Appellate Court has completely lost sight of the fact that letter dated

01.07.2010 has been issued by M/s. Whites India directing the

Petitioner/Tenant to pay the rent in favour of the Respondent/Landlord by

virtue of sub-lease deed and thereby, the Petitioner/Tenant had sent the rents by

cheque, whereas it had not been encashed by the Respondent/Landlord. He

would further submit that the said conduct of not encashing the cheque would

show the conduct of the Respondent/Landlord in putting the Petitioner/Tenant

into a precarious position to whom the rent to be paid. He would further submit

that there was no wilful default on the part of the Petitioner/Tenant. He would

further submit that the Rent Controller had rightly found that the default on the

part of the Petitioner/Tenant herein was not wilful and that the

Petitioner/Tenant has also taken immediate steps by invoking Section 8(5) of

the Act for depositing the rents into the Court by filing R.C.O.P. No. 401 of

2011 much prior to R.C.O.P. No. 1720 of 2013. He would however, submit that https://www.mhc.tn.gov.in/judis/

C.R.P. (NPD) No. 601 of 2017

the Petitioner/Tenant has also now paid the rental arrears of Rs.4,77,508/- in

favour of the Respondent/Landlord. He would further submit that the confusion

was created by the present Respondent/Landlord and M/s. Whites India who

was the original Landlord. He would further submit that the Petitioner/Tenant

was put to a predicament due to Ex.R-4, the legal notice sent by the Counsel for

M/s. Whites India, who was the original Landlord. He would further submit

that though M/s. Whites India and the Respondent/Landlord are separate

entitled, they are sister concerns. He would further submit that the intention of

the Petitioner/Tenant was not to default the payment of rent wilfully. He would

further submit that the Petitioner/Tenant is willing to pay the rent in favour of

the Respondent/Landlord regularly hereinafter. He would further submit that

the Petitioner/Tenant would also take steps to file a petition for payment out of

Rs.1,95,000/- which is lying in deposit to the credit of R.C.O.P. No. 401 of

2011 on the file of the XI Court of Small Causes, Chennai.

4. Mr. P.B.Balaji, Learned Counsel for the Respondent/Landlord would

submit that the Respondent/Landlord agrees to accept the rent from the

Petitioner/Tenant hereinafter at the existing rate.

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C.R.P. (NPD) No. 601 of 2017

5. Heard the Learned Counsels and perused the materials available on

record.

6. In this case, the Rent Controller, viz., XII Court of Small Causes,

Chennai by order dated 08.12.2014, had found that the Petitioner/Tenant herein

by filing a petition in R.C.O.P. No. 401 of 2011 under Section 8(5) of the Act

against M/s. Whites India and depositing the rent into the Court from the date

of alleged default, i.e., 01.07.2010, justified that the default was not wilful.

Further, the Rent Controller has also taken into consideration Ex. R-4, the letter

sent by the Counsel for the Respondent/Landlord on behalf of M/s. Whites

India which shows that the alleged default committed by the Petitioner/Tenant

was not wilful and deliberate. The Appellate Court without taking into

consideration the same, had erroneously set aside that order. In view of the

above, the order passed by the Appellate Court in R.C.A. No. 86 of 2015 stands

set aside. Having regard to the aforesaid submissions made, the

Petitioner/Tenant is directed to file necessary petition petition for payment out

of Rs.1,95,000/- which is lying in deposit to the credit of R.C.O.P. No. 401 of

2011 on the file of the XI Court of Small Causes, Chennai, within a period of

12 weeks from the date of receipt of a copy of this order and pay it to the

Respondent/Landlord.

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C.R.P. (NPD) No. 601 of 2017

7. In the result, the order dated 28.11.2016 in R.C.A. No. 86 of 2015 is

set aside and the order dated 08.12.2014 in R.C.O.P. No. 1720 of 2013 is

confirmed and the Civil Revision Petitions are allowed. Consequently, the

connected Miscellaneous Petition is closed. No costs.

14.07.2021 vjt

Index: Yes/No Internet: Yes/No Speaking Order/Non-speaking Order

To

1. VII Court of Small Causes, Chennai.

2. XII Court of Small Causes, Chennai.

3. XI Court of Small Causes, Chennai.

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C.R.P. (NPD) No. 601 of 2017

A.D. JAGADISH CHANDIRA, J.

vjt

C.R.P. (NPD) No. 601 of 2017

14.07.2021 https://www.mhc.tn.gov.in/judis/