Madras High Court
K.Pappaiya vs K.Shanthi on 31 October, 2023
C.R.P(MD)Nos.1767 & 1768 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE P.B.BALAJI
C.R.P(MD)No.1767 of 2018
and
C.M.P(MD)No.7730 of 2018
and
C.R.P(MD)No.1768 of 2018
K.Pappaiya ...Petitioner in both C.R.Ps
.vs.
K.Shanthi ...Respondent in both C.R.Ps
PRAYER in C.R.P(MD)No.1767 of 2018: Civil Revision Petition filed
under Section 25 of Tamilnadu Buildings and (Lease and Rent Control)
Act, against the petition and order dated 29.06.2018 in I.A.No.26 of 2017
in R.C.A.No.7 of 2017 on the file of the Rent Control Appellate
Authority, Sub Court, Tiruchendur.
PRAYERin C.R.P(MD)No.1768 of 2018: Civil Revision Petition filed
under Section 25 of Tamilnadu Buildings and (Lease and Rent Control)
Act, against the Fair and Decreetal Order dated 29.06.2018 in R.C.A.No.
7 of 2017, on the file of the Subordinate Judge, Tiruchendur confirming
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C.R.P(MD)Nos.1767 & 1768 of 2018
the Fair and Decreetal Order dated 18.09.2013 in RCOP No.3 of 2010 on
the file of the District Munsif Court, Tiruchendur.
For Petitioner :Mr.G.Prabhu Rajadurai
For Respondent :Mr.M.P.Senthil
COMMON ORDER
*****************
The tenant, aggrieved by the order of the Rent Control Appellate
Authority (Sub-Court), Tiruchendur in I.A.No.26 of 2017 in R.C.A.No.7
of 2017, is the revision petitioner. The said I.A.No.26 of 2017 was taken
out by the respondent/landlord, who alleged that the tenant was in arrears
of rent even pending the eviction proceedings. The Appellate Authority
has passed an order in the said application directing the tenant to deposit
the arrears of rent within the stipulated time, failing which, consequential
order of eviction under Section 11(1) & (4) of the Tamil Nadu Buildings
(Lease and Rent Conrol) Act, 1960 would follow. The petitioner did not
comply with the said conditional order and therefore the Appellate
Authority allowed the said application and consequently, dismissed the
appeal, confirming the order of eviction passed by the Rent Controler.
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C.R.P(MD)Nos.1767 & 1768 of 2018
2.The tenant therefore has filed the revision on the ground that
there is no wilful default or landlord-tenant relationship between the
parties and therefore, the order passed by the appellate authority was
illegal and perverse.
3.The learned counsel appearing for the petitioner would submit
that the petitioner was the original owner of the property and under the
impression that he has executed a mortgage deed, he executed the sale
deed in favour of the respondent/petitioner. This contention of the tenant
is not justifiable. This Court does not find any valid reason for
interfering with the impugned order of the Appellate Authority.
However, considering the fact that the tenant is now willing to pay the
entire arrears as on date, he may be shown some indulgence and no
serious prejudice would be caused to the respondent/landlord also if the
appeal directed to be disposed of in a time bound manner, especially
since he is getting the entire arrears, without being driven to file a civil
suit.
4.This Civil Revision Petition is allowed with the following
directions:-
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C.R.P(MD)Nos.1767 & 1768 of 2018
“The revision petitioner shall pay the entire arrears of
rent Rs.6,33,000/- in two instalments, namely, Rs.3,00,000/-
shall be paid within 30 days from the date of receipt of a copy
of this order. Balance Rs.3,33,000/- shall be paid within a
further period of 30 days thereafter. In the event of the
petitioner failing to pay any one of the instalments, the
impugned order in I.A.No.26 of 2017 as well as the judgment
in R.C.A.No.7 of 2017 shall stand confirmed. The
petitioner/tenant shall lose his right to argue the appeal on
merits. In the event, both the conditions are complied with,
the Appellate Authority shall dispose of the R.C.A.No.7 of
2017 within three months from the date of compliance being
reported by the petitioner/tenant.”
5. With these observations and directions, these Civil Revision
Petitions are disposed of. No costs. Consequently, connected
miscellaneous petition is also closed.
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C.R.P(MD)Nos.1767 & 1768 of 2018
6. It is made clear that since the order itself is under Section 11(4)
of the Act, the petitioner shall not seek any further time of extension for
payment of arrears.
31.10.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
AM
To
1.The District Munsif Court,
Tiruchendur.
2.The Sub-Court,
Tiruchendur.
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C.R.P(MD)Nos.1767 & 1768 of 2018
P.B.BALAJI,J.
am
C.R.P(MD)No.1767 of 2018
and
C.R.P(MD)No.1768 of 2018
31.10.2023
https://www.mhc.tn.gov.in/judis
