Madras High Court
R.Pargunan vs K.Govindan on 22 December, 2023
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
C.R.P(NPD).No.4973 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.12.2023
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
C.R.P(NPD).No.4973 of 2023
and CMP.No.29123 of 2023
R.Pargunan . .. Petitioner
Vs
K.Govindan . ..Respondent
Prayer : Civil Revision Petition filed under Section 25 of Tamil Nadu
Buildings (lease and rent Control) Act, praying to set aside the order of the
Sub Court, Poonamallee, passed in R.C.A.No.8 of 2020 whereby confirming
the order passed by the Principal District Munsif Court, Poonamallee in
M.P.No.40 of 2019 in RCOP No.62 of 2018, dated 15.09.2023.
For Petitioner : Mr.V.R.Appaswamee
ORDER
Challenging the Judgment and Decretal order dated 15.09.2023 passed
by the learned Subordinate Judge, Poonamallee, in R.C.A.No.8 of 2020, the
tenant has preferred this Civil Revision Petition.
2. Originally RCOP No.62 of 2018 was filed by the
respondent/landlord and also filed M.P.No.40 of 2019, directing the
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respondent to pay or deposit the rent for four months amounting to a sum of
Rs.1,20,000/- (Rupees One lakh Twenty Thousand only) @ Rs.30,000/- per
month, failing which stop all further proceedings and an order directing the
respondent/tenant to vacate and deliver the vacant possession of the
premises. The said M.P.No.40 of 2019 was allowed. Challenging the order
passed by the Rent Controller, Poonamallee, the tenant has preferred RCA.
No.8 of 2020 on the file of the learned Subordinate Court, Poonamallee. On
hearing both sides, the Appellate Authority dismissed the appeal, confirming
the findings of the Rent Controller.
3. Challenging the concurrent findings of the Courts below, the tenant
has preferred this Civil Revision Petition.
4. The learned counsel for the revision petitioner submitted that the
Courts below ought ot have considered the admitted fact that the rental
advance amount paid by the petitioner herein is lying with the respondent and
hence the question of arrears of rent will not arise. He further submitted that
the petitioner has regularly paying the monthly rent without any default.
Hence, he prayed to allow this petition.
5. On a perusal of the records, it reveals that the revision petitioner has
not paid the rent arrears of Rs.1,20,000/- and he has not complied with the
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order of the Courts below. Therefore, I do not find any reason to interfere
with the Judgment passed by the Appellate Court in RCA.No.08 of 2020,
dated 15.09.2023. However, the revision petitioner is directed to vacate the
premise and handover the possession to the respondent/landlord within a
period of three months from the date of receipt of a copy of this order.
6. Accordingly, this Civil Revision Petition is dismissed.
Consequently, connected miscellaneous petition is closed. No costs.
22.12.2023
Internet : Yes/No
Index : Yes/No
msrm
To
1. The Principal District Munsif cum Rent Controller, Poonamallee.
2.The Subordinate Court, Poonamallee.
3. The Section Officer,
VR Section,
High Court of Madras.
T.V.THAMILSELVI, J.
msrm
https://www.mhc.tn.gov.in/judis
22.12.2023
https://www.mhc.tn.gov.in/judis
