Venkatesan vs T.M.Arumugam
2021 Latest Caselaw 21770 Mad

                                                      C.R.P. NPD No.2614 of 2019



       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                           DATED : 29.10.2021

                                 CORAM

      THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

                      C.R.P.NPD No.2614 of 2019
                                  and
                C.M.P. No. 17279 of 2019 &16901 of 2021

Venkatesan,
S/o. O.K.Sivaraman                                      ... Petitioner

                              Versus

T.M.Arumugam,
S/o. Muthusamy                                          ... Respondent



PRAYER : Civil Revision Petition is filed under Sec.25(1) of Tamil Nadu

Buildings (Lease and Rent Control) Act, 1960, praying to set aside the order

made in judgment and decree dated 01.03.2019 in R.C.A.No.1 of 2018

passed by the Sub-Court, Omalur, Salem District (Rent Control Appellate

Authority) confirming R.C.O.P.No. 2 of 2014 dated 27.07.2015 passed by

the District Munsif cum Judicial Magistrate, Omalur (Rent Controller) and

set aside the same.

1/5
                                                       C.R.P. NPD No.2614 of 2019

            For Petitioner           : No appearance

            For Respondent           : No appearance

                                ORDER

(This case has been heard through video conference)

This Civil Revision Petition has been filed seeking to set aside the

order passed in R.C.A.No.1 of 2018 passed by the Sub-Court, Omalur,

Salem District (Rent Control Appellate Authority) confirming the order

passed in R.C.O.P.No.2 of 2014, dated 27.07.2015 by District Munsif cum

Judicial Magistrate, Omalur (Rent Controller).

2. The Revision Petitioner is the tenant, against whom, a petition in

R.C.O.P.No.2 of 2014 was filed by the respondent/landlord for eviction on

the ground of Sec.10(2)(i), 10(3) and 14(1)(b) of Tamil Nadu Builidngs

(Lease and Rent Control) Act. The said R.C.O.P. was contested by the

tenant. On hearing both sides, the learned Rent Controller has allowed the

petition in favour of landlord and one month time was granted to vacate the

premises. Against which, an appeal R.C.A.No.1 of 2018 was filed by the

petitioner/tenant on the file of Rent Control Appellate authority (Sub-

C.R.P. NPD No.2614 of 2019

Judge), Omalur. The said appeal was also contested by the landlord. On

hearing both sides, the Rent Control Appellate Authority has also dismissed

the appeal.

3. Considering the fact that the property is required for own occupation

for the landlord with the bonafide intention and also observed that the

tenant has not paid the rent regularly and committed willful default. Further,

at the time of passing of order, the landlord was aged about 82 years and the

reason for his own purpose is bonafide one. Accordingly, R.C.A. was

dismissed. Aggrieved that order, he has preferred this Revision Petition. At

the time of enquiry, it was stated that there is arrears of rent and the revision

petitioner has not taken any steps to deposit the rent inspite of the order

passed in the R.C.O.P. proceedings. When the respondent has committed

default, both the courts below have factually and legally considered the

facts and dismissed the R.C.O.P. as well as R.C.A. filed by the Revision

Petitioner, which requires no interference of this court. Accordingly, this

Civil Revision Petition is dismissed as no merits. However, the Revision

Petitioner is directed to vacate the premises within a period of two months

C.R.P. NPD No.2614 of 2019

from the date of receipt of copy of this order. No costs. Consequently, the

connected Civil Miscellaneous Petitions are closed.

29.10.2021 Index : Yes/No Internet: Yes/No Speaking/Non Speaking order rpp

To

1. Sub-Judge, Sub-Court, (Rent Control Appellate Authority), Omalur, Salem.

2. District Munsif cum Judicial Magistrate, (Rent Controller), Omalur, Salem.

C.R.P. NPD No.2614 of 2019

T.V.THAMILSELVI, J.

rpp

C.R.P.NPD No.2614 of 2019

29.10.2021