Madras High Court
A.H. Balaji vs M. Saravanan on 23 August, 2023
CRP.No. 2937 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.08.2023
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
CRP.No. 2937 of 2023
and
CMP.No.18166 of 2023
A.H. Balaji
Proprietor,
M/s Balaji Medical Centre,
Carrying Business at
No.4 ( Old 8), Jagadeeswaran Street,
T.Nagar, Chennai 600 017. .. Petitioner
Versus
M. Saravanan .. Respondents
Prayer: Civil Revision Petition is filed under Section 25 of the Tamil
Nadu Buildings (LEASE AND RENT CONTROL) Act 1960 to set aside
the fair and decreetal order passed by the Hon'ble VII Small Causes Court
at Chennai in RCA No.153 of 2022 dated on 10.07.2023 is hereby
confirmed the Judgment and decree dated 22.08.2022 in RCOP.No.197
of 2017 order passed by the Hon'ble XV Judge of Small Causes Court,
Chennai and pass orders .
1/7
https://www.mhc.tn.gov.in/judis
CRP.No. 2937 of 2021
For Petitioner : Mr. K. Nagarajan
For Respondents : Mr. M. Balasubramanian
for caveator
ORDER
This Civil Revision Petition has been filed to set aside the fair and
decreetal order passed by the VII Small Causes Court at Chennai in RCA
No.153 of 2022 dated on 10.07.2023 confirming the Judgment and
decree dated 22.08.2022 in RCOP.No.197 of 2017 order passed by the
Hon'ble XV Judge of Small Causes Court, Chennai.
2. Brief facts set out in the petition are as follows:
2.1. The Revision Petitioner herein is the appellant and the
respondent herein is the respondent in RCA.No. 153 of 2022 before the
Court of Small Causes Chennai. The Appellant is the tenant in the
subject property and the Respondent is the land lord.
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CRP.No. 2937 of 2021
2.2. The subject property was let out to the Appellant/Petitioner
herein for a monthly rent of Rs.40,000/- per month for running medical
diagnostic centre exclusively to cater for seafarers. The further case of
the landlord/respondent is that he is living with his brother as a joint
family, hence, they require the portion let out to the Appellant/Petitioner,
for their own occupation. Hence, the landlord/respondent insisted the
petitioner to vacate the subject property, but the petitioner does not vacate
the premises, due to which the landlord/respondent filed R.C.O.P.No.197
of 2017 before the XV Court of Small Causes at Chennai, wherein, the
Rent controller directed the petitioner/tenant to vacate the subject
property and handover the same to the Respondent.
2.3 Challenging the same, the Petitioner/tenant preferred an
appeal in RCA.No.153 of 2022 before the Learned VII Judge, Court of
Small Causes Chennai, who dismissed the appeal vide order dated
10.07.2023 and confirmed the order passed in R.C.O.P.No.197 of 2017
before the XV Court of Small Causes at Chennai. Challenging the same
the petitioner has come up with this Revision petition.
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CRP.No. 2937 of 2021
3. The learned counsel appearing for the Revision petitioner/tenant
submitted that he is a statutory tenant and he is also regularly paying the
rent to the respondent. He further submitted that if he changes the
address of the medical center it will be very difficult for him for renewal
of medical licence. Hence he prays to allow this petition.
4. The learned counsel for the Respondent/landlord submitted that
that they are in need of the premises for additional accommodation and
no hardship will be caused to the petitioner/tenant by vacating the subject
property as he has already shifted his Medical center to his own building.
Hence he seeks a direction of this Court to the petitioner to vacate the
subject property.
5.Heard the learned counsel for the revision petitioner and the
learned counsel for the respondent and perused materials available on
record.
6. On a perusal of records it is seen that the subject property was
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CRP.No. 2937 of 2021
let out to the petitioner only for rent and after some period the land
lord/claimant requires the premises for their additional accommodation
which was questioned by the petitioner herein/tenant, hence he instructed
the tenant to vacate the premises. It is a well established law that the
tenant cannot dictate terms to the land lord. Further more, eventhough
the petitioner/tenant averred in the petition that he has spent money to the
schedule premises, no document was filed in respect of amount spent to
the schedule premises. Further more, the landlord also proved his bona
fide required of schedule premises. Hence, the learned Judge VII Small
Causes Court, Chennai passed dismissal order in RCA No.153 of 2022
dated on 10.07.2023 after re-appreciating each and every aspects, which
is perfectly valid and there is no necessity to interfere with the same.
7.Considering the aforesaid facts and circumstances of the case,
that the Respondent have let the subject property for rent with a bona
fide intention and the petitioner ought to have vacated from the premises
as the landlord require the subject property.
8. In view of the above, this Court further directs the petitioner to
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CRP.No. 2937 of 2021
vacate from the premises in question and handover the possession of the
same to the respondent on or before 30.11.2023 without fail, failing
which, the Respondent can evict the petitioner/tenant though the help of
local police if necessary
9. With the above observations, this C.R.P is disposed. There shall
be no order as to costs. Consequently, connected Miscellaneous Petition
is closed.
23.08.2023
Speaking order : Yes/No
Neutral citation : Yes/No
Index : Yes/No
smn
To
1. VII Small Causes Court at Chennai
2. XV Judge of Small Causes Court, Chennai
3. The Section Officer, V.R.Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
CRP.No. 2937 of 2021
V.BHAVANI SUBBAROYAN, J.
smn
CRP.No. 2937 of 2023
and
CMP.No.18166 of 2023
23.08.2023
https://www.mhc.tn.gov.in/judis
