Madras High Court
R.Thirumalai vs R.Sakthi Vadivel on 29 March, 2023
C.R.P(MD)No.877 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.03.2023
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.R.P(MD)No.877 of 2023
and
C.M.P(MD)No.3977 of 2023
R.Thirumalai ... Petitioner/Appellant/
Respondent/Tenant
Vs.
R.Sakthi Vadivel ...Respondent/Respondent/
Petitioner/Landlord
PRAYER: Civil Revision Petition is filed under Section 25 of the Tamil
Nadu Building Lease and Rent Control Act, to allow this Memorandum
of Civil Revision Petition challenging the judgment and decree dated
20.02.2023 in R.T.A No.1 of 2022 on the file of 6th Additional District
Court (FAC), Madurai confirming the Judgment and Decree dated
30.09.2021 in R.L.T.O.P No.77 of 2020 on the file of Additional Rent
Court, Madurai Town.
For Petitioner : Mr.R.G Shakaraganesh
https://www.mhc.tn.gov.in/judis
1/11
C.R.P(MD)No.877 of 2023
ORDER
The petitioner is aggrieved by the order passed by the Additional
Rent Court, Madurai Town, by its judgment and decree, dated
30.09.2021 in R.L.T.O.P.No.77 of 2020. The petitioner had also
preferred a further appeal against the aforesaid order in R.T.A.No.1 of
2022 before the VI Additional District Court, Madurai. The VI
Additional District Court, Madurai by its judgment and decree, dated
20.02.2023 has dismissed the aforesaid appeal of the petitioner in
R.T.A.No.1 of 2022.
2. The learned counsel for the petitioner submits that the issue has
been decided in favour of the petitioner by this Court in an identical
situation in CRP(NPD)Nos.3056, 3061, 3062, 3063, 3067 and 3094 of
2021 vide common order, dated 04.02.2022.
3. It is submitted that the petitioner was a tenant and the last
tenancy agreement was signed for a period of 11 months on 21.04.2018
and the said tenancy agreement expired on 21.03.2019. It is submitted
that the Court in the above case has dealt with several situations and
framed the question of law in Paragraph No.13 and answered the same in
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C.R.P(MD)No.877 of 2023
Paragraph No.23c. Paragraph No.13 and 23c of the said order reproduced
as below:
"13. From the instances that had arisen in these six
revisions, the different types of cases that may arise
before the Rent Court can be broadly classified as
follows:
i. Written tenancy created prior to and expired
prior to the commencement of the Act (Tenant holding
over under an oral tenancy);
ii. Oral tenancies created prior to the New Act and
no written agreement entered into;
iii. Written tenancies created prior to the New Act
and the period expired after the commencement of the
Act;
iv. Written tenancies entered after the
commencement of the New Act not registered but
subsisting;
v. Written tenancies created after the
commencement of the New Act and had presently expired
(either registered or unregistered)
vi. Oral tenancies created after the New Act.
23.c. As far as the third category is concerned
despite their having been a valid tenancy in view of the
provisions of Section 5(3), the status of the tenant would
cease to be that of a tenant under the New Act, after the
expiry of the six months period. The landlord will have to
take recourse to the General Law to sue for ejectment,
after determining the tenancy. As regards tenancies which
are created after the New Act, where there is no
registered instrument, the landlord will have recourse
only to the Transfer of Property Act to sue for eviction."
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C.R.P(MD)No.877 of 2023
4. Specifically, Situation No.3 in Paragraph No.13 deal with the
identical situation of the petitioner’s case i.e. written tenancy signed
prior to the Tamil Nadu Regulation of Rights and Responsibilities of
Landlords and Tenants Act, 2017, (herein after referred as Act) coming
force on 22.02.2019.
5. As per Paragraph No.23c extracted above is applied to the status
of the petitioner as a tenant would seize at the expiry of 6 months period.
It is therefore submitted that the proceedings initiated by the respondent
under Section 21 (2) of the Act on 24.07.2020 was not maintainable and
therefore, the respondent ought to have worked out his remedy before the
civil Court by filing a suit for ejectment.
6. I have considered the order passed by the Additional Rent Court
in R.L.T.O.P.No.77 of 2020, dated 30.09.2021 and subsequent order,
dated 20.02.2023 in R.T.A.No.1 of 2022. I have also perused the
provisions of the Tamil Nadu Regulation of Rights and Responsibilities
of Landlords and Tenants Act, 2017.
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C.R.P(MD)No.877 of 2023
7. Section 4 (2) of the Act makes it clear that in case of a tenancy
in writing in force before the commencement of the Act, an agreement in
it has to be informed to the Rent Authority where no agreement is in
writing is entered into, the landlord and the tenant shall enter into an
agreement in writing with regard to that tenancy within a period of
stipulated time therein from the date of commencement of the Act. As
per Proviso to 4(2) of the Act, where the landlord and the tenant failed to
enter into an agreement, under clause (a) or fail to reach an agreement
under clause (b), such landlord and the tenant shall separately file the
particulars about such tenancy.
8. Section 4 of the Act reads as under:
"4. (1) Notwithstanding anything contained in this
Act or any other law for the time being in force, no person
shall, after the commencement of this Act, let or take on
rent any premises except by an agreement in writing,
which shall be informed to the Rent Authority by the
landlord and tenant jointly, in the form specified in the
First Schedule.
(2) Where, in relation to a tenancy created before
the commencement of this Act,—
(a) an agreement in writing was already entered
into, it shall be informed to the Rent Authority;
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C.R.P(MD)No.877 of 2023
(b) no agreement in writing was entered into, the
landlord and the tenant shall enter into an agreement in
writing with regard to that tenancy, and inform the Rent
Authority, in the form specified in the First Schedule:
Provided that where the landlord and the tenant fail
to present jointly a copy of tenancy agreement under
clause (a) or fail to reach an agreement under clause (b),
such landlord and the tenant shall separately file the
particulars about such tenancy.
(3) Every agreement referred to in sub-section (1)
or required to be executed under sub-section (2) shall be
in such manner and within such period as may be
prescribed.
(4) The Rent Authority, after receiving such
information about tenancy agreement, shall register the
agreement and provide a registration number to the
parties.
(5) Information provided under sub-section (1) and
(2) shall be taken as evidence of facts relating to tenancy
and matters connected therewith and in its absence, any
statement in the agreement shall not be received as
evidence of the facts in any court of law.
(6) The Rent Authority shall upload the details of all
tenancies along with the registration number provided
under sub-section (4), in the form and manner as may be
prescribed, on its website within fifteen days of the
allotment of the registration number."
9. As per Section 5 of the Act, all tenancies entered into after the
commencement of this Act shall be for a period as agreed between the
landlord and the tenant and as specified in the tenancy agreement.
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C.R.P(MD)No.877 of 2023
10. Section 5 of the Act reads as under:
5. (1) All tenancies entered into after the
commencement of this Act shall be for a period as
agreed between the landlord and the tenant and as
specified in the tenancy agreement.
(2) The tenant may approach the landlord for
renewal or extension of the tenancy, within the period
agreed to in the tenancy agreement, prior to the end of
tenancy period and if agreeable to the landlord may
enter into a new tenancy agreement with the landlord on
mutually agreed terms and conditions.
(3) If a tenancy for a fixed term ends and has not
been renewed or the premises have not been vacated by
the tenant at the end of such tenancy, the tenancy shall
be deemed to be renewed on a month-to-month basis on
the same terms and conditions as were in the expired
tenancy agreement, for a maximum period of six months.
11. Section 21 of the Act deals with the right of the landlord for
repossession of the premises. Section 21 (2) of the Act prescribes the
procedure for recovery of possession of the premises on one or more of
the following grounds, namely:—
(a) that the landlord and tenant have failed to agree to the rent
payable under section 8;
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C.R.P(MD)No.877 of 2023
(b) that the tenant has not paid the arrears in full of rent payable
and other charges payable as specified in sub-section (1) of section 13
for two months, including interest for delayed payment as may be
specified for in the tenancy agreement or as prescribed, as the case may
be, within one month of notice of demand for the arrears of such rent and
all charges payable being served on him by the landlord in the manner
provided in sub-section (4) of section 106 of the Transfer of Property
Act, 1882.
12. Admittedly, after the Act came into force, parties have not
entered into agreement for renewing the tenancy agreement between
them. Therefore, the respondent is entitled to initiate proceedings for
evicting the petitioner under the provisions of the said Act. Section 5 of
the Act applies to the situation where the tenancy agreement was entered
into after the commencement of the Act. As per Section 2 of the Act, a
tenant can approach the landlord for renewal or extension of tenancy
within the period agreed to in the tenancy agreement prior to the end of
the tenancy period and agreeable to the landlord may enter into the new
tenancy agreement on terms and conditions.
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C.R.P(MD)No.877 of 2023
13. Sub Section 3 to Section 5 of the Act applies to the situation
where the tenancy is fixed term ends and has not been renewed or the
premises have not been vacated by the tenant at the end of such tenancy,
the tenancy shall be deemed to be renewed on a month-to-month basis on
the same terms and conditions as were in the expired tenancy agreement,
for a maximum period of six months. Section 5(3) of the Act will apply
only in the circumstances specified therein.
14. At this stage, the learned counsel for the petitioner informs that
the petitioner's daughter is getting married on 10.04.2023. Therefore,
time may be given to the petitioner to vacate from the premises till the
marriage functions are over and for a period of six months thereafter.
Considering the above, there shall be an interim protection to the
petitioner up to 15.05.2023 subject to the petitioner remitting all the
arrears of the rent during which the period has been in occupation under
the previous tenancy agreement, dated 21.04.2018. The amount shall be
deposited before the Additional Rent Court, Madurai without prejudice
to the rights of the respondent in E.P.No.2 of 2022.
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C.R.P(MD)No.877 of 2023
15. In my view, the present civil revision petition filed by the
petitioner to interfere with the impugned order does not call for any
interference. Therefore, the present Civil Revision Petition is dismissed.
No costs. Consequently, connected miscellaneous petition is closed.
29.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sn
To
1.The VI Additional District Court (FAC),
Madurai.
2.The Additional Rent Court,
Madurai Town.
3.The Section Officer
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.877 of 2023
C.SARAVANAN,J.
SN
C.R.P(MD)No.877 of 2023
29.03.2023
https://www.mhc.tn.gov.in/judis
