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Chandiran vs Periyanayagam
2023 Latest Caselaw 5642 Mad

Citation : 2023 Latest Caselaw 5642 Mad
Judgement Date : 7 June, 2023

Madras High Court
Chandiran vs Periyanayagam on 7 June, 2023
                                                                                   CRP.No. 450 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  Dated : 07.06.2023

                                                        CORAM :

                     THE HONOURABLE MRS. JUSTICE V. BHAVANI SUBBAROYAN

                                         Civil Revision Petition No. 450 of 2021

                  Chandiran                                                        .. Petitioner

                                                          Versus

                  Lourdu Marie Santho (Died)
                  1. Periyanayagam
                  2. Anthonia Santho                                               .. Respondents

                         Civil Revision Petition filed under Section 25 of Pondicherry Building
                  Lease and Rent Control Act, 1980, praying to set aside the judgmet and decree
                  dated 21.02.2020 passed in RCA.No. 39 of 2018 on the file of the Second
                  Additional District Judge, Puducherry, confirming the fair order and decretal
                  order dated 31.10.2018 passed in RCOP. No. 51 of 2012 on the file of the
                  Court of Rent Controller-II, Puducherry.

                  For petitioner              :       Mr. P. John Bosco
                  For Respondents             :       Mrs. R. Swarnalatha

                                                         ORDER

The revision petitioner suffered an order of dismissal dated 31.10.2018

passed by the learned Rent Controller in RCOP. No. 51 of 2012 and it was

also confirmed by the Appellate Authority in RCA.NO. 39 of 2018 dated

21.02.2020. Aggrieved by the concurrent orders of dismissal, the present

Civil Revision Petition is filed.

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

CRP.No. 450 of 2021

2. As per the averments in RCOP. No. 51 of 2012, the revision

petitioner has purchased the property in question by means of a registered sale

deed dated 27.03.2012, registered as Document No. 1732 of 2012 on the file

of District Registrar, Pondicherry, executed by Smt. Rajalakshmi, Daughter of

late. Kandasamy and others. According to the revision petitioner, the property

in question was originally owned by one Kandasamy. The property was

allotted to Mr. Kandasamy by the Secretary, Health Education and Association

Welfare Department, Pondicherry through the order of allotment dated

18.11.1967 registered as Document No.2341 of 1967, on the file of District

Registrar Office, Pondicherry. According to the revision petitioner, the

original owner Kandasamy had let out the property for rent in favour of the

husband of the first respondent for a monthly rent of Rs.200/- and he settled in

Ennore, Chennai. For the purpose of collecting the rent from the husband of

the first respondent, he used to visit Pondicherry once in six months. The said

Kandasamy died and after his death, his legal-heirs repeated demands and

attempted to collect the rent from the respondents herein, but they could not.

While so, after the purchasing the property, the revision petitioner got attorned

the tenancy in his favour and therefore, he demanded payment of rent from the

respondents. As the respondents did not pay the rent to the revision petitioner

he had sent a notice dated 06.12.2012 calling upon the respondents to pay the https://www.mhc.tn.gov.in/judis

CRP.No. 450 of 2021

rent from 27.03.2012 interalia made a demand to vacate the premises. A reply

dated 17.12.2012 was sent by the respondent denying the averments in the

notice. It is specifically stated in the reply notice dated 17.12.2012 that the

tenancy could not have been attorned in favour of the petitioner and they also

refused to handover the vacant possession of the premises. It is further stated

that the respondents are residing in the petition mentioned premises on their

own right. It is in those circumstances, the petitioner has filed RCOP. No. 51

of 2012 under Section 10 (2) (i) (b) (vii) and 3 (9) (i) of the Pondicherry

Buildings (Lease and Rent Control) Act, 1969 praying to evict the respondents

from the schedule mentioned property on the ground of willful default in

payment of rent and for having denied his lawful title.

3. A counter affidavit was filed by the respondents 2 and 3

repudiating the petition averments. According to the respondents,

Mr.Kandasamy originally leased out the property in favour of the husband of

the first respondent and he paid rent to Kandasamy regularly till his death.

However, on 08.09.1988 the husband of the first respondent entered into an

agreement of sale with Kandasamy to purchase the property. Subsequently on

30.03.1989 an unregistered sale deed came to be executed in favour of the

husband of the first respondent. The first respondent died on 24.09.2012 https://www.mhc.tn.gov.in/judis

CRP.No. 450 of 2021

leaving behind the respondents as his legal heirs. During her life time, on

30.03.1989 itself, the first respondent had executed a Will in favour of the

respondents 2 and 3. It is also stated that even on 30.03.1989 when

Mr.Kandasamy executed the unregistered sale deed in favour of the husband

of the first respondent, the original title deeds have been handed over to the

husband of the first respondent. Further on the strength of the Will executed

by the first respondent, the respondents 2 and 3 have constructed separate

houses where they are residing now and electricity service connection was also

given to the premises and it stands in the name of the second respondent.

Therefore, it is submitted that there is no landlord and tenants relationship

between the petitioner and the respondents 2 and 3 and they prayed for

dismissal of the Civil Revision Petition.

4. Before the learned Rent Controller, on behalf of the petitioner, he

examined himself as PW1 and Rajalakshmi, one of his vendors and daughter

of Late. Kandasamy was examined as PW2 and Ex.P1 to Ex.P8 were marked.

On behalf of the respondent, the second respondent examined himself as RW1

and S. Anbajagane was examined as RW2 and Exs.R1 to Ex.R14 were

marked. The learned Rent Controller dismissed the original petition by

concluding that there is no landlord and tenants relationship between the https://www.mhc.tn.gov.in/judis

CRP.No. 450 of 2021

parties. It was also concluded that even though the respondents claimed right

through the unregistered sale agreement under Ex.R3 and the unregistered sale

deed will not confer any title to the property, the unregistered sale deed was of

the year 1989 and the petitioner claiming right over the property purchased by

him only in the year 2012. However, after purchase there is nothing on record

to show that the lease itself was terminated at the instance of the petitioner.

When the respondents denied the title of the petitioner the petitioner ought to

have filed a Civil Suit for declaration of his title. As the dispute pertains to

title, it cannot be adjudicated by the Rent Control Court and it is proper for the

petitioner to file a Civil Suit. Accordingly, the learned Rent Controller

dismissed the original petition.

5. Aggrieved by the order of dismissal dated 31.10.2018 passed in

RCOP. No. 51 of 2012, the revision petitioner filed RCA. No. 39 of 2018. The

Appellate Court also concurred with the conclusion arrived at by the learned

Rent Controller and held that there is no attornment of tenancy in favour of the

petitioner. It was also held that the petitioner cannot be presumed to be the

landlord of the respondents. When it is claimed by the petitioner that he is the

landlord, it is his duty to prove the subsisting tenancy between him and the

respondents. When the petitioner admitted that he has not received any rent https://www.mhc.tn.gov.in/judis

CRP.No. 450 of 2021

from the respondents or he has not produced any receipts to establish that the

respondents were tenants under Kandasamy and subsequently purchased the

property through an unregistered sale deed, such rival claim over the title to

the property can be adjudicated only by a competent Civil Court.

Accordingly, the Appellate Authority dismissed the Rent Controller's appeal.

6. The learned counsel appearing for the petitioner would

vehemently contend that the Rent Controller as well as the Appellate

Authority erroneously shifted the burden of proof on the petitioner to prove

that there existed the landlord and tenancy relationship between the parties. It

is the specific case of the petitioner is that he has purchased the property on

27.03.2012 by means of a registered sale deed and within four months

therefrom, he claimed right over the property and issued a notice dated

06.07.2012 calling upon the respondents to pay the arrears of rent from June,

2012 and also to vacate the property and hand over the vacant possession to

him. The notice dated 06.07.2012 would establish that the petitioner had

attorned the tenancy and claimed a legal right over the property as a owner.

Even though the respondents claimed a right over the property through an

unregistered agreement of sale, the Court below failed to take note of the fact

that the unregistered agreement will not confer any right, title or interest over https://www.mhc.tn.gov.in/judis

CRP.No. 450 of 2021

the property. On the other hand, the petitioner purchased the property through

a registered sale deed dated 27.03.2012 and it partakes the character of a valid

and legal document.

7. According to the learned counsel for the petitioner, the

respondents 2 and 3 made a claim for right over the property on the basis of

unregistered agreement of sale. It is needless to mention that if for any reason

the vendor did not execute a registered sale deed in their favour, they ought to

have filed a suit for specific performance to obtain a sale deed in their favour,

but they did not do so. On the other hand, the respondents are squatting over

the property on the strength of an unregistered agreement of sale said to have

been executed by the deceased Kandasamy. Further, there is nothing to show

that the respondents are residing in the property in their own rights except as

tenants, under the vendor of the petitioner. In fact, the petitioner examined

one of her vendors as PW2 and she has categorically stated that during the life

time of her father Kandasamy, the respondents did not pay any rent to him.

Such a statement of PW2 would make it abundantly clear that the respondents

continue to reside in the property in question only as a tenant under

Kandasamy and they have never claimed title from Kandasamy.

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

CRP.No. 450 of 2021

8. As regards the observations made by the Rent Controller as well

as the Appellate Authority that the petitioner has to only approach the Civil

Court for remedy, the learned counsel for the petitioner would vehemently

contend that such an observation is legally not sustainable. In this context, the

learned counsel for the revision petitioner placed reliance on the decision of

this Court in the case of S. Sugumaran v. Seenu alias Natarajan, reported in

2000 (1) LW 897, wherein it was held that mere denial of title by the tenant

will not oust the jurisdiction of the Rent Control Court. The learned Rent

Controller will have to scrutinize the evidence and conclusion will have to be

arrived thereof as to whether denial of title by the tenant is bona fide or mala

fide. In Paragraph Nos. 13 and 14 it was held as follows:-

13. The above decision was approved by a Division Bench of Kerala High Court in the decision reported in (1995) 1 Ker LT 553, Aboobacker v. Girija, wherein the Division Bench held thus, "We too are of the view that the Court whose jurisdiction stands ousted must have the satisfaction that there are strong or at least substantial grounds or sufficient materials in supported the plea being upheld by the Civil Court must be fairly on the higher side...." It is clear from the above decisions that a mere denial will not oust the jurisdiction of the Rent Controller. Court will have to scrutinize the evidence and conclusion will have to be arrived.

While arriving at the conclusions, the Court will have to find whether there are materials in support of the plea being upheld the Civil Court and if the case is tried by the Civil Court, there is higher chance of success. In this case, Rent Controller has not entered such a finding. Mere production of Ex.A1 and evidence of RW2 were held as sufficient to oust the jurisdiction. Even https://www.mhc.tn.gov.in/judis

CRP.No. 450 of 2021

evidence of RW2 was not fully considered by the learned Rent Controller.

14. If this is the scope of enquiry, to consider the question of bona-fide denial of title, I do not think that appellate authority went wrong in re-appreciating evidence rendered by Rent Controller and entered his finding as to scope of bona-fides. Much reliance was placed on the evidence of RW2 by the Rent Controller. Before proceeding with the evidence of RW2, it must be noted that landlord Rohini alias Usha specifically denied execution of Ex.R1. RW2 is one of the witness to Ex.R1. Nowhere in his evidence he said that he saw Rohini signing Ex.R1. According to him, he went to Respondent to purchase gunny bags and respondent asked him to accompany him. Respondent took RW2 to Rohiniammal's house where he saw Rohiniammal and her mother. According to him, she asked respondent whether he got agreement prepared along with advance of Rs.50,000/- and respondent produced agreement to Rohiniammal's mother and mother and daughter after going through the document and after receiving advance stated that sale price is Rs.1,40,000/- and he can pay balance amount when she gives title deeds and other documents. It is also said that sale could be concluded at an early date because there is a clause that he will not pay rent from that date onwards. There is no statement in the chief examination that he saw Rohiniammal signing Ex.R1 agreement. In cross-examination he only said that he does not know where Ex.R1 got typed and he also did not read the contents of Ex.R1. He saw Rohiniammal for the first and last time. He further said that when he was taken by respondent, Ex.R1 was complete in form. He also saw Rohiniammal's mother for the first and lasts time and he further said that he can identify her and she will be more than 75 years. He also did not see other witnesses previously. Even in subsequent portion of cross examination also she did not say that he saw Rohiniammal affixing her signature.

9. Similarly the learned counsel for the petitioner placed reliance on

the decision of this Court in the case of Margaret Getty Rene Gonselvez v. https://www.mhc.tn.gov.in/judis

CRP.No. 450 of 2021

St. Therasa Church, Mahe and Others reported in 2022 (3) LW 447,

wherein in Paragraph No.12 it was specifically held that the dispute with

respect to the ownership of the property raised by a tenant can very well be

gone into by the Rent Controller by appreciating the oral and documentary

evidence. In Paragraph No. 12 it was held as follows:-

"12. At the outset, it must be noted that the learned Rent Controller Court in its order dated 18.09.2006 in RCOP.No. 7 of 2009 has rendered a finding that in exercise of the powers conferred under the Pondicherry Buildings (Lease and Rent Control) Act, 1969 it cannot go into the question of title. This conclusion reached by the Rent Controller is per se illegal. It is true that the Rent Controller had the trappings of the Civil Court and it is empowered to go into the question of title inter se between the parties to the original petition. When there is dispute with respect to title among the parties or if a tenant disputes the ownership of the landlord, such questions can very well be gone into by the Rent Controller by appreciating the oral and documentary evidence. Therefore, the finding rendered by the learned Rent Controller declining to go into the question of title among the wrangling parties cannot be countenanced by this Court. Therefore, the reasoning assigned by the learned Rent Controller that it has no power to deal with the dispute over the title is liable only to be interested by this Court. In this context, this Court is fortified by the decision of this Court made in S.Sugumaran's case (cited supra) wherein it was held as follows:-

"12......It is clear from the above decisions that a mere denial will not oust the jurisdiction of the Rent Controller. Court will have to scrutinize the evidence and conclusion will have to be arrived. While arriving at the conclusion, the Court will have to find out whether there are materials in support of the plea being upheld by the https://www.mhc.tn.gov.in/judis Civil Court and if the case is tried by the Civil Court,

CRP.No. 450 of 2021

there is higher chance of success. In this case, Rent Controller has not entered such a finding. Mere production of Ex.R1 and evidence of RW2 were held as sufficient to oust the jurisdiction. Even evidence of RW2 was not fully considered by the Rent Controller."

10. The learned counsel for the petitioner also relied on the decision

of the Rajasthan High Court in Devendra Singh and Ors v. State of

Rajasthan and Ors, reported in AIR 2002 (Rajasthan) 66, wherein also it

was held that the status of a tenant will not be improved by virtue of an

agreement of sale entered into with the original owner. As long as the

agreement of sale did not culminate into that of a sale deed, the status of the

tenant will the remain as a tenant only. In Paragraph No. 8 of the Rajasthan

High Court decision, it was held as follows:-

"8. I have given my anxious consideration to the rival contentions, and have gone through the pleadings of the parties, and the documents produced by them. Admittedly even at the time of sale of each portion of the property in question as purchased by each of the petitioner its value was more than Rs.100/- and in view of the clear language of Section 54 of the Transfer of Property Act any transfer of such property could be made only by a registered document.

It is significant to note that Section 54 comprehends the value of the property, as distinguished from the purported consideration of alienation, and therefore, even if the property worth more than Rs.100/- is transferred for the consideration of less than Rs.100/ it cannot be so done without a registered document. In this view of the matter, sine the document in favour of the petitioners is admittedly https://www.mhc.tn.gov.in/judis unregistered, it cannot have the effect of conferring any title

CRP.No. 450 of 2021

on them. In that view of the matter, the petitioners are not entitled to challenge the sale of the land, sold as land belonging to respondent No.8. At this stage, I may observe tht the respondent 8 earlier filed a writ petition being No. 1624 of 1984 seeking to challenge the order of confirmation of sale, so also the sale certificate, and that writ petition has already been dismissed by a Division Bench of this Court vide order dated 18.09.1992 (Annexure R-5/1). Admittedly the respondent 8 has not taken any further proceedings thereafter. At this very place I may also point out that two sets of writ petitions were filed by the same learned counsel. Writ Petition No.1624/1984 was admitted on 28.06.1984 wherein the interim stay granted was only staying the recovery of the amount, while the other three writ petitions were admitted on 23.08.1984, and on that day they were ordered to be connected with Writ Petition No.1624/1984. Thereafter, all the four writ petitions did come to be listed on 29.09.1986, on which date the stay in W.P. No. 1624/1984 was confirmed, while it was not pressed in the other three writ petitions. It is in this background that writ petition No. 1624/1984 was dismissed by the Division Bench, and at that time the other three writ petitions were not got heard, or were not connected, in what circumstances, is not known. Be that as it may the fact remains that in these circumstances in view of the dismissal of the writ petition No. 1624/1984, and that the dismissal having not been brought to the notice of the Court, while arguing the other writ petitions, though they were also argued by the same learned counsel, petitioners cannot be allowed to challenge the validity of the auction proceedings on the anvil of procedural illegalities or irregularities."

11. The learned counsel for the revision petitioner further placed

reliance on the decision of this Court in S.M. Sultan Rowthar v.

Kothandarama Naidu reported in 2000 (2) R.C.R. (Rent) 403. In that case,

it was held that the Rent Controller has to satisfy himself that denial of title https://www.mhc.tn.gov.in/judis

CRP.No. 450 of 2021

made by the tenant is bonafide. If the denial of title is malafide then the Rent

Controller has to pass an order of eviction, to evict the tenant. In Paragraph

Nos. 25 and 30 it was held as follows:-

"25. To consider the question as to whether there is bonafide or not, Court must have the satisfaction that there are substantial grounds or sufficient materials in support of the plea and Court must also form an opinion that chance of plea taken by tenant is likely to be upheld by Civil Court or there is fair chance of success by tenant. Only on such satisfaction Rent Controller will be justified in finding thta denial of title is bonafide. I that is the evidence that has to be let in, can it be said that the claim of first respondent is bonafide. He admitted that he is a tenant of Pattammal by executing a registered lease deed. He also admitted payment of rent and regularly paying rent till sale deed was executed. The fact that petitioner has obtained right of Pattammal is not disputed. Merely because there is no attornment, can it be said that denial is bonafide, especially taking into consideration the definition of landlord under Rent Control Act read with Section 109 of Transfer of Property Act.

30. Appellate authority has simply stated that because the litigation is pending between the parties, denial is bonafide. Merely because third person claims title to the property, that by itself may not be a ground to hold that denial is bonafide. Appellate Authority did not consider the settled legal principles when it held that there is bonafide in the denial nor it has considered the scope of enquiry when such contention is taken. As was held in Thangappan's case, Court has to go into the evidence to test the veracity of denial and only then the question as to whether there is bonafide or not could be decided."

https://www.mhc.tn.gov.in/judis By placing reliance on the aforesaid decisions, the learned

CRP.No. 450 of 2021

counsel for the petitioner would vehemently contend that the Rent Controller

as well as the Appellate Authority erroneously refused to enter into a finding

with respect to bonafides of the respondents and tenant to dispute the title of

the property in favour of the petitioner. On the other hand, the learned Rent

Controller as well as the Appellate Authority directed the petitioner to

workout his remedy by filing a Civil Suit instead of examining the dispute

with respect to title to the property. The learned counsel, therefore, payed for

allowing this Civil Revision Petition.

13. Per contra, the learned counsel appearing for the respondents

would submit that even on 30.03.1989, when the agreement of sale was

entered into between the deceased Kandasamy and the husband of the first

respondent, title deeds pertaining to the property have been handed over to the

husband of the first respondent. Further, the husband of the first respondent

was put in possession of the property and from that date, the respondents are in

possession and enjoyment of the premises in question as a owner thereof. The

respondents also in their reply dated 17.07.2012 has categorically denied the

assertion of the petitioner as regards the ownership of the property in question.

Above all under Ex.R4 dated 05.09.1988, a consent letter was executed by the

legal heirs of the deceased Kandasamy in favour of the husband of the first https://www.mhc.tn.gov.in/judis

CRP.No. 450 of 2021

respondent consenting to handover possession of the property. Thus it is

submitted that the respondents are in possession of the property in question on

their own rights and therefore, the claim of the petitioner for ownership of the

property is not bona fide. As there is no landlord and tenancy relationship

between the parties, the prayer for eviction of the respondents on the ground

willful default in payment of rent will not arise. Further, under Ex.R7 the first

respondent had executed a registered Will in favour of the respondents 2 and 3

and after the death of the first respondent, the Will came into force. On the

strength of Ex.R7, the respondents 2 and 3 have also constructed two separate

houses and residing there. The learned Rent Controller as well as Appellate

Authority have carefully considered the above aspects and come to a definite

conclusion that the claim of the petitioner for title has not been established

besides that the respondents are in possession of the property on their own

right. The respondents claimed title from the very same owner, namely,

Kandasamy, who has executed the unregistered agreement of sale dated

08.09.1988 (Ex.R3) and put the respondents in possession of the property in

question. Therefore, the learned counsel for the respondents prayed for

dismissal of the Civil Revision Petition.

14. Heard both sides and perused the materials available on record. https://www.mhc.tn.gov.in/judis

CRP.No. 450 of 2021

15. Originally, this Civil Revision Petition was filed as against the

respondents 1 to 3. However, pending the revision petition, the first

respondent died and her legal heirs are already on record as respondents 2 and

3 and they have contested this case.

16. At the outset it must be stated that both the Rent Controller as

well as the Appellate Authority have refused to go into the question of title

and directed the petitioner to file a civil suit to establish his title. This

conclusion on the part of the Rent Controller as well as the Appellate

Authority are legally not sustainable. It is well settled that whenever there is a

dispute with respect to title, the Rent Control Court as well as the Appellate

Authority have to examine the same, scrutinize the evidence and render a

finding that the denial of title is bonafidee or not. In this context, the learned

counsel for the petitioner placed reliance on several judgments mentioned

supra. Among those decisions, in the decision of this Court in S.M. Sultan

Rowthar v. Kothandarama Naidu (mentioned supra) it was authoritatively held

that the Court must have the satisfaction that there are substantial grounds or

sufficient materials in support of the plea and Court must also form an opinion

that chance of plea taken by tenant is likely to be upheld by Civil Court or https://www.mhc.tn.gov.in/judis

CRP.No. 450 of 2021

there is fair chance of success by tenant. Therefore, it is evident that the Rent

Controller has to go into the question of denial of title by the tenant and to

render a finding as to whether it is bonafidee or malafidee. Such question can

very well be gone into by the learned Rent Controller and the refusal on the

part of the learned Rent Controller as well as the Appellate Authority to go

into the question of title among the wrangling parties cannot be countenanced

by this Court. Therefore, on this Court, the orders passed by the learned Rent

Controller as well as the Appellate Authority are liable to be set aside.

17. As regards the ownership of the property, it must be stated that

the respondents have not produced any documents to prove their title. Even as

admitted by them, the husband of the first respondent, under Ex.R3 dated

08.09.1988, had only entered into an agreement of sale. An unregistered

document will not create or confer title to the property in favour of the

respondents. On the other hand, the petitioner purchased the property through

a registered sale deed dated 27.03.2012 (Ex.P1), registered as Document

No.1732 of 2012. Soon after purchasing the property the petitioner raised a

demand for payment of rent and asserted that the tenancy has been attorned in

his favour. When the respondents did not pay rent, a notice dated 06.07.2012

was issued interalia seeking eviction of the respondents. On receipt of the https://www.mhc.tn.gov.in/judis

CRP.No. 450 of 2021

notice, a reply notice dated 17.07.2012 was sent by the respondents. It is

needless to mention that the issuance of notice dated 06.07.2012 is in

compliance with Section 106 of the Transfer of Property Act. Further, the

agreement of sale dated 08.09.1988 (Ex.R3) is clearly hit by the provisions of

Section 53A of the Transfer of Property Act and it will not confer any right in

favour of the respondents. It is needless to mention that by virtue of the

unregistered Agreement of Sale, the title to the property would have been

vested with the vendor of the respondents continuously until it was sold in

favour of the petitioner on 27.03.2012. In any event, the unregistered

agreement of sale will not create or confer any right, title or interest in favour

of the respondents in the property. It is also an admitted fact that pursuant to

Ex.R3 dated 08.09.1988 the respondents have not taken any steps to get a sale

deed registered in their favour. Therefore, the possession of the respondents in

the property would be presumed to be in the capacity of tenant. If that be so,

the respondents have an obligation to pay rent to the petitioner from

27.03.2012. The deed on which the petitioner purchased the property would

only make the position clear that there exist the landlord and tenancy

relationship among the petitioner and the respondents. By virtue of the sale

deed under Ex.P1 dated 27.03.2012, the transferee/the petitioner become the

landlord of the premises in question by operation of law. Both the Rent https://www.mhc.tn.gov.in/judis

CRP.No. 450 of 2021

Controller as well as the Appellate Authority have failed to take note of the

above aspects and it warrants interference of this Court.

18. For all the above reasons mentioned above, the order dated

21.02.2020 passed in RCA.No. 39 of 2018 on the file of II Additional District

Judge, confirming the order dated 31.10.2018 passed in RCOP. No. 51 of 2012

on the file of the learned Rent Controller, Pondicherry, are set aside. The Civil

Revision Petition stands allowed. No costs. The respondents are directed to

vacate and hand over the vacant possession of the property in question to the

revision petitioner within a period of three months (i.e.) 30th September, 2023

from the date of receipt of a copy of this order.

07.06.2023

Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No MSM

To

1. The II Aditional District Judge, Puducherry

2. The Court of Rent Controller-II, Puducherry.

3. The Section Officer, High Court, Madras.

https://www.mhc.tn.gov.in/judis V. BHAVANI SUBBAROYAN, J

CRP.No. 450 of 2021

msm

CRP.No. 450 of 2021

07.06.2023

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

 
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