Kumaraswamy vs Ayappan
2023 Latest Caselaw 4406 Mad

                                                                             C.R.P(MD)No.1051 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED: 18.04.2023

                                                           CORAM

                                      THE HON'BLE MR.JUSTICE C.SARAVANAN

                                                C.R.P(MD)No.1051 of 2023
                                                         and
                                                C.M.P(MD)No.4955 of 2023

                     Kumaraswamy                                     ...Petitioner/Respondent
                                                                        Judgment Debtor/
                                                                         Defendant
                                                            Vs.

                     Ayappan                                         ... Respondent/Petitioner/
                                                                         Decree Holder/
                                                                         Plaintiff

                     PRAYER: Civil Revision Petition is filed under Section 115 of C.P.C.,
                     to set aside the impugned order passed in E.P.No.10 of 2022 in
                     R.L.T.O.P.No.3 of 2021, dated 25.01.2023 on the file of the Principal
                     District Munsif, Padmanbhapuram.

                                         For Petitioner    : Mr.G.Ramanathan
                                         For Respondent    : Mr.S.Vasik Ali

                                                          ORDER

The present civil revision petition has been filed against the

impugned order passed in E.P.No.10 of 2022 in R.L.T.O.P.No.3 of 2021,

dated 25.01.2023 on the file of the Principal District Munsif,

Padmanbhapuram.

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C.R.P(MD)No.1051 of 2023

2. There is no merit in the impugned order passed in E.P.No.10 of

2022 in R.L.T.O.P.No.3 of 2021 on 25.01.2023 by the learned Principal

District Munsif, Padmanbhapuram as the application itself was filed

under the provisions of the Tamil Nadu Buildings (Lease and Rent)

Control Act, 1960, when indeed, the aforesaid Act can be repealed and

replaced by Tamil Nadu Regulation of Rights and Responsibilities of

Landlords and Tenants Act, 2017 . Even if there was an error in mis-

coating the provision in the application filed in R.L.T.O.P.No.3 of 2021,

an order that has been passed by the learned Principal District Munsif

Court, Padmanbhapuram on 11.03.2022 indicates that the order has been

passed under the provisions of the repealed Act. Section 47 of the Tamil

Nadu Regulation of Rights and Responsibilities of Landlords and

Tenants Act, 2017 Act has repealed the provisions of the Tamil Nadu

Buildings (Lease and Rent Control) Act, 1960.

3. That being the case, the execution proceedings initaited

pursuant to the ex parte decree passed on 11.03.2022 itself is liable to be

declared without jurisdiction. The petitioner also appears to have filed an

application for setting aside the ex parte order, which is yet to be

numbered.

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C.R.P(MD)No.1051 of 2023

4. Considering the fact that the Court has wrongly exercised the

jurisdiction under the provisions of the repelled Act, I am inclined to

hold the execution proceedings initiated pursuant to the ex parte order is

without jurisdiction.

5. Therefore, the present Civil Revision Petition stands allowed.

However, liberty is given to the respondents to initiate fresh proceedings

under the provisions of the Tamil Nadu Regulation of Rights and

Responsibilites of Landlords and Tenants Act, 2017. All rights of the

respondent to recover the amount and to evict the petitioner stands

preserved under the provisions of the Tamil Nadu Regulation of Rights

and Responsibilites of Landlords and Tenants Act, 2017. All rights of the

respondent. No costs. Consequently, connected miscellaneous petition is

closed.

                                                                                     18.04.2023
                     NCC              :   Yes / No
                     Index            :   Yes / No
                     Internet         :   Yes / No

                     sn

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

C.R.P(MD)No.1051 of 2023

To

1.The Principal District Munsif, Padmanbhapuram.

2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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

C.R.P(MD)No.1051 of 2023

C.SARAVANAN,J.

SN

C.R.P(MD)No.1051 of 2023

18.04.2023

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