R.V.Anupriya vs V.Prabha
2022 Latest Caselaw 8965 Mad

                                                                                   O.S.A.No.111 of 2022



                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 27.04.2022

                                                         CORAM :

                                    THE HON'BLE MR. JUSTICE M. DURAISWAMY
                                                            AND
                                  THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI
                                                   O.S.A.No.111 of 2022
                                                and C.M.P. No.7541 of 2022


                     R.V.Anupriya                                                     .. Appellant


                                                              v.
                     1.V.Prabha
                     2. C.Vijayakumar
                     3. M/s. Teckpak,
                        By Proprietor Rajan Babu
                        No.26, Kalyani Industrial Estate,
                        Athipattu,
                        Chennai - 600 058                                          .. Respondents



                                  Original Side Appeal filed under Clause 15 of Letters Patent and
                     Order 36 Rule 11 of Original Side Rules to set aside the fair and decreetal
                     order made in Application No.2716 of 2021 in C.S.No.37 of 2017 dated
                     09.09.2021.

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                                                                                      O.S.A.No.111 of 2022




                                        For Appellant      : Mr.D Veerasekaran

                                                         JUDGMENT

(Order of the Court made by M.DURAISWAMY,J.)

The appellant has filed the above Original Side Appeal

challenging the order passed by the learned Single Judge in Application

No.2716 of 2021 and O.A.No.472 of 2021 in C.S.No.37 of 2017 dated

09.09.2021.

2. The appellant has filed the application in A. No.2716 of 2021

seeking for a direction to the 3rd respondent/4th defendant, who is a tenant

under the tenancy agreement, to renew the rental agreement dated

28.06.2017 or to vacate and handover the possession of “C” schedule

property to her as landlady, pending suit.

3. The respondents 1 and 2/plaintiffs have filed the suit in C.S.No.

37 of 2017 seeking for a declaration that the plaintiffs 1 and 2 are

entitled to the beneficial enjoyment of the suit schedule “A” items 1 and

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2 mentioned in the properties purchased by the 1st plaintiff in the name

of the 1st defendant/appellant or, in the alternative, to direct the 1st

defendant to pay a sum of Rs.2,20,00,000/- with quarterly rests and for

other reliefs.

4. The 1st respondent has questioned the title of the appellant in

the suit. In the said circumstances, the application filed by the appellant

before the learned single Judge seeking for renewal of the rental

agreement dated 28.06.2017 was rejected by the learned Single Judge on

the ground that the suit was ripe for trial.

5. As rightly observed by the learned Single Judge, remedy open to

the appellant is to approach the Rent Control Court and not file an

application in the Civil Suit seeking for renewal of the agreement or to

take possession of the leased out property. When there are specific

provisions available under the Rent Control Act, filing of the application

circumventing the said provisions cannot be entertained. The learned

Single Judge had rightly dismissed the application. We do not find any

merits in the Original Side Appeal. Accordingly, the Original Side

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Appeal is dismissed. No costs. Consequently, the connected

Miscellaneous Petition is closed.

                                                              [M.D., J.]    [T.V.T.S., J.]
                                                                               27.04.2022
                     Index          : Yes/No

Speaking Order/Non Speaking Order Note : Issue order copy on 29.04.2022 Rj

M. DURAISWAMY, J.

and

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T.V. THAMILSELVI, J.

Rj

O.S.A.No.111 of 2022 and C.M.P. No.7541 of 2022

27.04.2022

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