Madras High Court
P.Senthil Asari vs S.Augusta on 2 June, 2023
C.R.P.(MD).Nos.1252 to 1254 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :02.06.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.R.P.(MD).Nos.1252 to 1254 of 2023
and
C.M.P.(MD).Nos.6109 to 6111 of 2023
C.R.P.(MD).No.1252 of 2023
P.Senthil Asari ... Petitioner
Vs.
S.Augusta ... Respondent
PRAYER : Civil Revision Petition filed under Section 25 of Tamil Nadu
Buildings (Lease and Rent Control) Act, 1960, to call for the records and
set aside the Judgment and Decree passed by the Rent Control Appellate
Tribunal (Sub-Court), Thoothukudi, in R.C.A.No.06 of 2021 on
01.03.2023 confirming the fair and decreetal order passed by the
Principal District Munsif Court/ Rent Control Court, Thoothukudi in
R.C.O.P.No.8 of 2019 on 03.02.2021.
For Petitioner :Mr.M.Jothi Basu
1/7
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C.R.P.(MD).Nos.1252 to 1254 of 2023
C.R.P.(MD).No.1253 of 2023
L.Ramasamy Pillai ... Petitioner
Vs.
S.Augusta ... Respondent
PRAYER : Civil Revision Petition filed under Section 25 of Tamil Nadu
Buildings (Lease and Rent Control) Act, 1960, to call for the records and
set aside the Judgment and Decree passed by the Rent Control Appellate
Tribunal (Sub-Court), Thoothukudi, in R.C.A.No.07 of 2021 on
01.03.2023 confirming the fair and decreetal order passed by the
Principal District Munsif Court/ Rent Control Court, Thoothukudi in
R.C.O.P.No.7 of 2019 on 03.02.2021.
For Petitioner :Mr.M.Jothi Basu
C.R.P.(MD).No.1254 of 2023
G.Selvaraj ... Petitioner
Vs.
S.Augusta ... Respondent
PRAYER : Civil Revision Petition filed under Section 25 of Tamil Nadu
Buildings (Lease and Rent Control) Act, 1960, to call for the records and
set aside the Judgment and Decree passed by the Rent Control Appellate
Tribunal (Sub-Court), Thoothukudi, in R.C.A.No.08 of 2021 on
2/7
https://www.mhc.tn.gov.in/judis
C.R.P.(MD).Nos.1252 to 1254 of 2023
01.03.2023 confirming the fair and decreetal order passed by the
Principal District Munsif Court/ Rent Control Court, Thoothukudi in
R.C.O.P.No.4 of 2019 on 03.02.2021.
For Petitioner :Mr.M.Jothi Basu
******
COMMON ORDER
The petitioners are the respondent before the learned Rent Control
Board /District Munsif Court at Thoothukudi in R.C.O.P.Nos.4, 7 and 8
of 2019. The rent control proceedings were initiated by the respondent
herein, after having purchased the property from the original owner
namely Sankaranarayanan, who had earlier purchased it from one
Veldurai.
2. It is the specific case of the petitioners that the sale in 2018
between the said Sankaranarayanan and the respondent was sham and
nominal and that there was no relationship between the respondent and
the petitioners herein as that of land lord and tenant. It is further
submitted that the proceedings were initiated under the provisions of
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, even though
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C.R.P.(MD).Nos.1252 to 1254 of 2023
the said Act stood replaced by Tamil Nadu Regulation of Rights and
Responsibilities of Land lord and Tenants Act 2017.
3. It is the specific case of the petitioner that the said Act also
received the assent of the Governor of Tamil Nadu on 07.08.2017 and
therefore, the proceedings initiated under the repealed namely Tamil
Nadu Buildings (Lease and Rent Control) Act, 1960 was without any
authority. Hence, it is submitted that the fair and decreetal order passed
in R.C.O.P.Nos.4, 7 and 8 of 2019 were liable to be set aside. It is further
submitted that the order of the Rent Controller was wrongly affirmed by
the Rent Control Appellate Tribunal, Thoothukudi in R.C.A.Nos.6, 7 and
8 of 2021 by a separate fair and decreetal order dated 01.03.2023.
4. I have considered the arguments advanced by the learned
counsel for the petitioners.
5. The learned counsel for the petitioners cannot state that the
petitioners and the respondent did not have any landlord and tenant
relationship merely because the property was purchased by the
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C.R.P.(MD).Nos.1252 to 1254 of 2023
respondent in the year 2018. They have themselves admitted that there
was a sale deed executed by Mr.Sankaranarayanan in favour of the
respondent. It is of no consequences, as far as Tamil Nadu Regulations of
Rights and Responsibilities of Landlord and Tenants Act, 2017 is
concerned. Although it received assent of the Governor of Tamil Nadu
on 07.08.2017, the same came into force only on 21.02.2021. Therefore,
the objections that the proceedings were initiated under the proceedings
of the erstwhile Tamil Nadu Buildings (Lease and Rent Control) Act,
1960, after the Tamil Nadu Regulation of Rights and Responsibilities of
Landlord and Tenants Act, 2017 received the Governor's assents on
07.08.2017, cannot be countenanced. Section 1(2)(A) of the Act makes it
clear that Government may, by notification, direct that all or any of the
provisions of the Act shall come into force.
6. Considering the fact that the Tamil Nadu Regulations of Rights
and Responsibilities of Landlord and Tenants Act, 2017 came into force
only on 21.02.2021, it cannot be said that R.C.O.P.No.8 of 2019 filed
under Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, was
without jurisdiction. The petitioners having suffered adverse orders
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C.R.P.(MD).Nos.1252 to 1254 of 2023
against them in R.C.O.P.No.8 of 2019, cannot challenge the impugned
order dated 01.03.2023 passed by the Rent Control Appellate Court in
R.C.O.P.No.8 of 2019 uphold order dated 03.02.2021.
7. Therefore, there are no merits in these Civil Revision Petitions.
They are liable to be dismissed. Thus, they are dismissed. There shall be
no order as to costs. Consequently, connected miscellaneous petitions are
closed.
02.06.2023
NCC :Yes / No
Index :Yes / No
sbn
https://www.mhc.tn.gov.in/judis
C.R.P.(MD).Nos.1252 to 1254 of 2023
C.SARAVANAN, J.
sbn
C.R.P.(MD).Nos.1252 to 1254 of 2023
and
C.M.P.(MD).Nos.6109 to 6111 of 2023
02.06.2023
https://www.mhc.tn.gov.in/judis
