Madras High Court
Anand Kumar Bhowmick vs N.R.P. Kandasamy on 9 September, 2021
C.R.P.(NPD)Nos.1805, 1806 and 1808 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2021
CORAM:
THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN
C.R.P.(NPD). Nos.1805, 1806 and 1808 of 2021
and
C.M.P. No.14024 of 2021
(Through Video Conference)
1. Anand Kumar Bhowmick
2. Rajkumar Bhowmick ...Petitioners in all C.R.P.'s
Versus
1. N.R.P. Kandasamy
2. N.K. Hemalatha ...Respondents in all C.R.P.'s
PRAYER in C.R.P.(NPD) No.1805 of 2021: Civil Revision Petition filed
under Article 227 of the Constitution of India to allow the above Civil
Revision Petition and set aside the fair and decretal order dated 16.03.2020
passed in M.P.No.409 of 2019 in R.C.A.No.251 of 2019 by the learned VII
Judge, Court of Small Causes at Chennai, (Rent Controller Appellate
Authority).
PRAYER in C.R.P.(NPD) No.1806 of 2021: Civil Revision Petition filed
under Article 227 of the Constitution of India to allow the above Civil
Revision Petition and set aside the fair and decretal order dated 07.11.2020
________
https://www.mhc.tn.gov.in/judis/
Page 1 of 6
C.R.P.(NPD)Nos.1805, 1806 and 1808 of 2021
passed in M.P.No.1 of 2020 in M.P.No.409 of 2019 in R.C.A.No.251 of 2019
by the learned VII Judge, Court of Small Causes at Chennai, (Rent Controller
Appellate Authority).
PRAYER in C.R.P.(NPD) No.1808 of 2021: Civil Revision Petition filed
under Article 227 of the Constitution of India to allow the above Civil Revision
Petition and set aside the fair and decretal order dated 07.11.2020 passed in
R.C.A.No.251 of 2019 by the learned VII Judge, Court of Small Causes at
Chennai, (Rent Controller Appellate Authority) modifying the fair and decretal
order dated 01.04.2019 passed in R.C.O.P.No.98 of 2016 by the Learned XIV
Judge, Court of Small Causes at Chennai, (Rent Controller).
In all cases:
For Petitioners : Mr.Ashok Menon
For Respondents : Mr.Siddarth Bahety
******
COMMON ORDER
Since the issue involved in all these Civil Revision Petitions are one and
the same, they are disposed of by this common order.
2. These Civil Revision Petitions have been preferred against the order
passed by the learned VII Judge, Court of Small Causes, Chennai in
R.C.A.No.251 of 2019. The issue involved in these Civil Revision Petitions is
________
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)Nos.1805, 1806 and 1808 of 2021
very simple as to whether the Landlord can file a petition under Section 11(4)
of the Tamil Nadu (Lease and Rent Control) Act, 1960 (hereinafter referred as
TNB (L&RC) Act) in an appeal filed against the order fixing the fair rent.
3. In the cases before hand, the respondents/landlords filed
R.C.O.P.No.98 of 2016 for fixing fair rent. The petitioner was paying
Rs.7,300/- as rent. After enquiry, the fair rent was fixed at Rs.22,622/- Against
the said order, the petitioner preferred an appeal in R.C.A.No. 251 of 2019. In
the appeal, the Landlords preferred M.P.No.409 of 2019 under Sections 11 &
12 of the TNB (L&RC) Act, directing the petitioner to deposit a sum of
Rs. 5,97,558/- to the credit of R.C.O.P.No.98 of 2016 claiming that this amount
is the difference between the contractual rent and fair rent.
4. The Learned VII Judge, Court of Small Causes at Chennai [Rent
Controller Appellate Authority] in considering the rival submissions, allowed
this petition and directed the petitioners to deposit the difference between the
fair rent and the contractual rent of Rs.5,97,558/- on or before 30.03.2020.
Against this order, the petitioners/defendants preferred the C.R.P(NPD)
No.1805 of 2021. Then, they filed M.P.No.01 of 2020 for extension of time and
________
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)Nos.1805, 1806 and 1808 of 2021
that petition was dismissed. Against the said dismissal order, C.R.P.(NPD)
No.1806 of 2021 was filed. On a failure to deposit the amount as ordered in
M.P.No.409 of 2019, the learned Rent Controller Appellate Authority passed
the final order and stopped further proceedings in R.C.A.No.98 of 2016.
Against the said order, C.R.P.(NPD) No.1808 of 2021 has been filed.
5. The short question involved in these cases is as to whether the
respondents/ Landlords can maintain an application under Section 11(4) of
TNB (L&RC) Act, when an appeal is pending against the fixation of fair rent .
This question is no longer res integra, as the Court has already decided this
matter in judgment in M/s.Santhi & Co. vs. Desigachary reported in 1996 (1)
CTC 476, wherein it was held that an application under Section 11 can be filed
only when the eviction petition is filed against the tenant by the landlord and
such an application cannot be filed when an appeal filed against the order
fixing the rent.
6. In this view of the matter, this Court finds that the order of the learned
VII Judge, Court of Small Causes, Chennai in directing the petitioners to
deposit the difference between the contractual rent and fair rent before the
Court below and the consequential order of stoppage of further proceedings is
not in accordance with law. Therefore, the orders are setaside and the learned
________
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)Nos.1805, 1806 and 1808 of 2021
VII Judge, Court of Small Causes at Chennai [Rent Controller Appellate
Authority] is directed to restore the R.C.A.No.251 of 2019 to file and dispose
the same on merits and in accordance with law.
7. The learned counsel for the respondents submitted that the petitioner is
a senior citizen and therefore, requested this Court to fix a time limit for the
disposal of R.C.A. Even without any direction from this Court, the Courts are
expected to give priority to dispose the cases of senior citizen. This Court
directs the learned VII Judge, Court of Small Causes at Chennai [Rent
Controller Appellate Authority] to dispose of R.C.A.No.251 of 2019 as
expeditiously as possible, preferably within a period of three(03) months from
the date of receipt of copy of this order.
8. Accordingly, these Civil Revision Petitions are Dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
09.09.2021
Index: Yes/ No
Speaking Order / Non-Speaking Order
sts/JAI
________
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)Nos.1805, 1806 and 1808 of 2021
G.CHANDRASEKHARAN, J.,
sts/JAI
To:
The Court of Small Causes,
[Rent Controller Appellate Authority] ,
Chennai.
Common order made in
C.R.P.(NPD). Nos.1805,
1806 and 1808 of 2021
Dated:
09.09.2021
________
https://www.mhc.tn.gov.in/judis/
