K.Mohan vs R.Samuvel Ganesh
2022 Latest Caselaw 1278 Mad

                                                                                  CRP(NPD)No.39 of 2022

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 27.01.2022

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                 CRP(NPD)No.39 of 2022

                     K.Mohan                                                        ... Petitioner

                                                             Vs
                     R.Samuvel Ganesh                                               ... Respondent
                     Prayer: Civil Revision Petition filed under Article 227 of the Constitution of
                     India, to direct the learned Rent Controller-cum-Principal District Munsiff,
                     Coimbatore to number the petition in RLTOP Filing No.2333 of 2021 and
                     dispose off the same on merits.
                                            For Petitioner        :Mr.L.Mouli

                                                         ORDER

The petitioner is aggrieved by the return of the petition filed by

him under the Tamil Nadu Regulation of Rights and Responsibilities of

Landlords and Tenants Act, 2017. The return was made mainly on the

ground that in the absence of the registered tenancy, a petition under that

Act cannot be maintained. The issue is directly covered by the judgment of

mine rendered in CRP.Nos.3056 of 2021 etc. batch dated 25.01.2022. After

https://www.mhc.tn.gov.in/judis CRP(NPD)No.39 of 2022

examining the provisions of the Act, I have concluded that if a tenancy is

created after the Act and the same is not registered as required under Section

4 of the Act. The parties cannot invoke the provisions of the Act and the

remedy available to them would be under the general law namely, the

Transfer of Property Act.

2.In view of the same, the return made by the learned Rent

Controller-cum-Principal District Munsiff, Coimbatore is sustained. Liberty

is reserved to the petitioner to move the appropriate Civil Court under

general law. This Civil Revision Petition is disposed of with the above

observations. No costs.

27.01.2022

vs Index: No Speaking order

To:

1.The Controller-cum-Principal District Munsiff, Coimbatore.

2.The Section Officer, VR Section, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis CRP(NPD)No.39 of 2022

R.SUBRAMANIAN, J.

vs

CRP(NPD)No.39 of 2022

27.01.2022

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