A.Rajammal vs R.Chudamani
2023 Latest Caselaw 12353 Mad

                                                                        C.R.P.(NPD)No.4719 of 2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 12.09.2023

                                                         CORAM:

                        THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                                C.R.P.(NPD)No.4719 of 2017
                                                 and CMP.No.22182 of 2017

                     A.Rajammal                                                 ... Petitioner

                                                            Vs.
                     1.R.Chudamani
                     2.R.Narendra Chandra
                     3.R.Maneeh Chandra                                    ... Respondents
                     PRAYER: Civil Revision Petition is filed under Section 25 of the Tamil
                     Nadu Buildings (Lease and Rent Control) Act, 1960, against the
                     Judgment and Decree dated 11.4.2016 in R.C.A.No.13 of 2015 on the file
                     of the Principal Sub Court, Salem, confirming the Judgment and Decree
                     dated 25.6.2015 in RCOP.No.15 of 2012, on the file of the Rent
                     Controller/II Additional District Munsif Court, Salem.
                                       For Petitioner  : Mr.K.Selvaraj
                                       For Respondents : Mr.T.M.Ramalingam

                                                          ORDER

This revision arises against an order dismissing RCA.No.13 of

2015 on the file of the learned Rent Control Appellate Authority-cum-

https://www.mhc.tn.gov.in/judis C.R.P.(NPD)No.4719 of 2017

Principal Subordinate Judge, Salem dated 11.04.2016, confirming the

judgment and decree in RCOP.No.15 of 2012 on the file of the learned II

Additional District Munsif-cum-Rent Controller, Salem dated

25.06.2016.

2.The relationship between the parties is not denied. The petitioner

is the tenant and the respondent is the landlord. The petitioner became a

tenant under Rajendran, who was the landlord. The said Rajendran died

in and about 2011 leaving behind as his legal heirs, his wife Chudamani

and sons Narendra Chandra and Maneeh Chandra.

3.Alleging that the landlords were refusing to receive the rents, the

tenant preferred RCOP.No.15 of 2012.

4.It has been settled by a judgment of the Supreme Court in

E.Palanisamy v. Palanisamy (Dead) By LRs and others reported in

(2003) 1 SCC 123 that a tenant will have to follow the steps under

Section 8 of the Tamil Nadu Buildings (Lease and Rent Control) Act, one

after another and failure to follow the same is fatal to the case.

5.In this particular case, the tenant did not issue a notice to the

https://www.mhc.tn.gov.in/judis C.R.P.(NPD)No.4719 of 2017

landlords calling upon them to give the bank account details in order to

enable him to deposit the rents into the bank.

6.Learned counsel for the petitioner vehemently argued that oral

notice was given. However, under Section 8(2) of the Tamil Nadu

Buildings (Lease and Rent Control) Act, the notice must be in writing

calling upon the landlord to specify the bank account. Having failed to

comply with the statutory requirement, I necessarily have to follow the

judgment of the Supreme Court in E.Palanisamy v. Palanisamy (Dead)

By LRs and others reported in (2003) 1 SCC 123 and confirm the order

of the Courts below.

7.In fine, this civil revision petition is dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

12.09.2023 Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No vs To

1.The Principal Sub Court, Salem.

2.The Rent Controller/II Additional District Munsif Court, Salem.

https://www.mhc.tn.gov.in/judis C.R.P.(NPD)No.4719 of 2017

V.LAKSHMINARAYANAN,J.

vs

C.R.P.(NPD)No.4719 of 2017 and CMP.No.22182 of 2017

12.09.2023

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