Madras High Court
N.Anbazhagan vs A.K.Mohammed Yunus on 3 March, 2021
C.R.P. (NPD) No.1181 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 09.08.2021
Delivered on : 26.08.2021
CORAM
THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN
CRP. (NPD) No. 1181 of 2021
and C.M.P. No.9065 of 2021
N.Anbazhagan ... Petitioner
Vs.
1.A.K.Mohammed Yunus
2.A.K.Mohammed Ashfaque
3.A.K.Rizwanur Rahman ... Respondents
Civil Revision Petition filed under 115 of Civil Procedure Code, praying
to set aside the fair and decreetal order passed in unnumbered M.P.Sr. No.7460
of 2021 in RLTOP No.278 of 2020 dated 03.03.2021 by the X Small Causes
Court at Chennai.
For Petitioner : Mr. K.Venkateswaran
For Respondents : Mr. Arun Anbumani
https://www.mhc.tn.gov.in/judis/
C.R.P. (NPD) No.1181 of 2020
O RD E R
This petition is filed for setting aside the fair and decreetal order passed
in unnumbered M.P. Sr. No.7460 of 2021 in R.L.T.O.P. No.278 of 2020 dated
03.03.2021by X Small Causes Court, Chennai.
2. The respondent filed a petition in R.L.T.O.P. No.278 of 2020 against
the petitioner for the relief of recovery of possession leased out by the
respondent in respect of the property mentioned in the schedule. During the
pendency of the R.L.T.O.P., the petitioner filed unnumbered M.P. Sr. No.7460
of 2021 under Section 37 (J) of the Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act, 2017, to reject the R.L.T.O.P.
No.278 of 2020. The learned X Small Causes Court dismissed the petition.
Against the said dismissal, this Civil Revision Petition is filed.
3. Learned counsel for the petitioner submitted that the respondents filed
R.C.O.P. No.274 of 2017 under Section 10 (3) (a) (iii) of the Tamil Buildings
(Lease & Rent Control) Act, 1960, against the petitioner for evicting him. That
petition was dismissed on merits and against the said dismissal, R.C.A. No.124
of 2020 was preferred by the respondents and it is pending on the file of the
VIII Small Causes Court, Chennai. The respondents have also filed a petition
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C.R.P. (NPD) No.1181 of 2020
IN R.C.O.P. No.744 of 2017, under Section 4 of the Tamil Nadu Building
(Lease and Rent Control) Act, against the petitioner and it is pending. When the
R.C.O.P. No.744 of 2017 and R.C.A. No.124 of 2020 are pending, the Tamil
Nadu Regulation of Rights and Responsibilities of Landlord and Tenant Act,
2017, had come into force. Therefore,the respondents cannot proceed against
the petitioner both under old Act, namely Tamil Nadu Building (Lease and
Rent Control) Act, 1960 and under the new Act, namely Tamil Nadu
Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017.
Because of these proceedings, the relationship between the landlord and tenant
is not cordial. The petitioner is willing to register himself as tenant but the
landlords are not cooperating to register the tenancy. The landlords have not
come forward to register the tenancy. Therefore, the tenancy could not be
registered so far. When the proceedings under Tamil Nadu Building (Lease and
Rent Control) Act, are pending, the respondents cannot proceed against the
petitioner under the new Act, namely Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act, 2017. Therefore, the petitioner
prays that the case pending in R.L.T.O.P. No.278 of 2020 has to be rejected.
4. In response, learned counsel for the respondents submitted that the
tenant has not come forward to enter into an agreement. The provision under
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C.R.P. (NPD) No.1181 of 2020
which the present petition is filed is not correct. There is no specific provision
to reject the petition filed under Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act, 2017. Whatever the issue
raised by the petitioner has to be tested only in the course of enquiry.
Therefore, the learned counsel for the respondents prays for dismissal of this
petition.
5. Considered the rival submissions. The petitioner has filed in the
typed set of papers, a copy of the legal notice issued by the respondents on
25.05.2020 and his reply dated 03.06.2020. Reading of the legal notice dated
25.05.2020, issued on behalf of the respondent to the petitioner shows that the
respondents purchased the property from previous owner on 11.04.2016 and
thereafter the petitioner was paying rent to the respondents at Rs.7,600/- per
month. Previous rent control proceedings are mentioned and then it said that
there is no written tenancy agreement as contemplated under Section 4(2) of the
Tamilnadu Regulations of Rights and Responsibilities of Landlords and
Tenants Act, 2017. On the ground of failure to enter into tenancy agreement,
the respondents are not willing to enter into tenancy agreement and therefore,
they are terminating the petitioner's tenancy. Petitioner sent a reply dated
03.06.2020, wherein he said that the respondents did not ask the petitioner to
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C.R.P. (NPD) No.1181 of 2020
enter into lease agreement. He now expressed his willingness to enter into lease
agreement.
6. Learned counsel appearing for the petitioner submitted that the despite
the fact that the petitioner is willing to enter into lease agreement with the
respondents, the respondents have not come forward to enter into lease
agreement and on the other hand they filed R.L.T.O.P. No.278 of 2020. This
contention was countered by the learned counsel for the respondents alleging
that in the counter affidavit filed by the petitioner in R.C.O.P. No.274 of 2017,
he admitted that the respondents issued a communication dated 10.05.2016
informing about the purchase of tenanted premises and calling upon the
petitioner to enter into a fresh rental agreement with the respondents. He further
submitted that it was the petitioner who did not respond to the communication
dated 10.05.2016 to enter into a fresh rental agreement. Therefore, the
respondents cannot be found fault for non-execution of rental agreement
between the petitioner and the respondents.
7. The aforesaid communications and averments made in paragraph '4' of
the counter filed by the petitioner in R.C.O.P. No.274 of 2017, shows that
immediately after purchasing the tenanted premises, the respondents informed
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C.R.P. (NPD) No.1181 of 2020
the purchase and called upon the petitioner to enter into a fresh tenancy
agreement with them. However, he has not done so. Now he is willing to enter
into the tenancy agreement with the respondents, but that was not accepted by
the respondents. The respondents filed R.L.T.O.P. No.278 of 2020 seeking
possession of the property. These are the issues that are raised for consideration
before the Rent Court. Admittedly, there is no specific provision for rejection
of R.L.T.O.P. filed before the Rent Court. The petitioner has filed
M.P.Sr.No.7460 of 2021 under Section 37 (j) of Tamil Nadu Regulation of
Rights and Responsibilities of Landlords and Tenants Act, 2017. This section
deals with the power of Rent Court and Rent Tribunal. Section 37 of the Tamil
Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act,
2017, reads as follows:
“37. Powers of Rent Court and Rent Tribunal – (1) The
Rent Court and Rent Tribunal, for the purpose of discharging
their functions under this Act, shall have the same powers as are
vested in a Civil Court under the Code of Civil Procedure, 1908
for the purpose of –
(a) summoning and enforcing the attendance of any
person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) issuing commissions for examination of the witnesses
or documents;
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C.R.P. (NPD) No.1181 of 2020
(d) issuing commission for local investigation;
(e) receiving evidence on affidavits;
(f) dismissing an application or appeal for default or
deciding it ex-parte;
(g) setting aside any order of dismissal of any application
or appeal for default or any other order passed by it ex-parte;
(h) execution of its orders and decisions under this Act
without reference to any civil court;
(i) reviewing its orders and decisions; and
(j) any other matter as may be prescribed..”
8. The said petition is filed under the residual powers given under
Section 37(j) of the Tamil Nadu Regulation of Rights and Responsibilities of
Landlords and Tenants Act, 2017. In the absence of any specific provision for
rejection of R.L.T.O.P., this Court is of the considered view that R.L.T.O.P.
cannot be rejected. The learned trial Judge has considered this aspect in his
order and said that the petition is filed when the case is pending for argument of
respondent and in order to protract the proceedings. He had also extracted the
judgment of this Court in the case of Shanmugam Balakumar Vs. S.Balajee in
C.R.P. (PD) Nos.976 & 977 of 2020 dated 14.07.2021, for the proposition that
the Rent Court shall not entertain petition under Order VII Rule 11 CPC, for
rejection of the petition. When the Rent Court cannot entertain petition under
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C.R.P. (NPD) No.1181 of 2020
Order 7 Rule 11 CPC and when there is no specific provision under Tamil
Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act,
2017, for rejection of petition filed under the Act, this Court is of the
considered view that the petition filed by the petitioner cannot be entertained
on facts and law. Therefore, the learned Judge has rightly dismissed the petition
in M.P. Sr. No.7460 of 2021.
9. This Court finds no reason to interfere with the order passed by the
learned Judge, X Court of Small Causes, Chennai, in M.P. Sr. No.7460 of 2021
in R.L.T.O.P. No.278 of 2020, dated 03.10.2021. Accordingly, this Civil
Revision Petition is dismissed. No costs. Consequently, connected
miscellaneous petition is closed. The learned Judge is directed to dispose of the
matter on merits without being influenced by any of the observations in this
order.
26.08.2021
bkn
Copy to:
The X Small Causes Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.R.P. (NPD) No.1181 of 2020
G.CHANDRASEKHARAN. J.,
bkn
CRP. (NPD) No. 1181 of 2021
26.08.2021
https://www.mhc.tn.gov.in/judis/
