S.Aravindakshan vs R.Roop Kumar
2023 Latest Caselaw 13273 Mad

                                                                                      CRP No.3571 of 2023 &
                                                                                      C.M.P.No.22348 of 2023

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED: 27.09.2023

                                                              CORAM:

                                    THE HON'BLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN

                                           Civil Revision Petition No.3571 of 2023 &
                                                    C.M.P.No.22348 of 2023

                     S.Aravindakshan                                           ...   Petitioner

                                                                 Vs.

                     R.Roop Kumar                                              ... Respondent

                                  Civil Revision Petition filed under Article 227 of Constitution of India

                     to set aside the decree and Judgment dated 27.04.2023 passed in RLTA

                     No.118 of 2022 on the file of XXII Additional City Civil Court, Allikulam,

                     Chennai – 600 003 (Rent Tribunal) by confirming the order in R.L.T.O.P.

                     No.632 of 2021 in fair and decreetal order dated 18.08.2022 on the file of

                     learned XII Small Causes (Rent Court), Chennai.



                                        For Petitioner      : Mr.S.Udaya Kumar

                                        For Respondents : Mr.M.Devendran


                                                           ORDER

The present Civil Revision Petition has been filed to set aside the

decree and Judgment dated 27.04.2023 passed in RLTA No.118 of 2022

on the file of XXII Additional City Civil Court, Allikulam, Chennai – 600 003 https://www.mhc.tn.gov.in/judis

CRP No.3571 of 2023 & C.M.P.No.22348 of 2023

(Rent Tribunal) by confirming the order in R.L.T.O.P. No.632 of 2021 in fair

and decreetal order dated 18.08.2022 on the file of learned XII Small

Causes (Rent Court), Chennai.

2. The brief facts of the case is that the respondent, who is the owner

of the property filed R.L.T.O.P.No.632 of 2021 for repossession of the

tenanted premises on the ground of failure to enter into an agreement in

writing as per Section 4(2) of the Act. The court below after considering the

averments, counter and the documents placed on record, had allowed the

petition on 18.08.2022 by granting a period of one month from the said

date. As against the said order, the petitioner preferred R.L.T.A.No.118 of

2022 before the Appellate Authority. The appellate court, after hearing the

submissions had confirmed the order passed by the RCOP and dismissed

the appeal on 24.04.2023. Aggrieved against the same, the petitioner has

preferred the present Revision.

3. The learned counsel for the petitioner would submit that the court

below ought to have considered the admission of the respondent in RLTOP

No.632 of 2021 coming forward to execute the agreement. It is the

respondent / landlord failed to come forward to mutually agree to enter the

rental agreement, but arbitrarily fixed the rent and forced the petitioner /

tenant to sign the rental agreement with a view to vacate the petitioner.

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

CRP No.3571 of 2023 & C.M.P.No.22348 of 2023

4. The learned counsel for the petitioner also submits that the

petitioner was not a defaulter and was paying the monthly rents regularly till

date and the same has been accepted by the respondent / landlord.

Further, the petitioner is ready and willing to execute the tenancy

agreement for any amount fixed mutually as provided in the Act, thereby

expressed willingness to continue the tenancy.

5. On the other hand, the learned counsel for the respondent /

landlord submits that the respondent is the absolute owner of the subject

property, which is non residential on a monthly rent of Rs.15,400/- together

with Rs.2,772/- towards GST in all amounting to Rs.18,172/- p.m., and

there was no written tenancy agreement after July, 2014 between the

petitioner and the respondent. Further, the respondent sent a letter on

30.12.2020 enclosing the rental agreement to sign the said agreement and

return the same to enable the respondent to register before the rent

authority, but the respondent received the said letter on 31.12.2020, but so

far, the petitioner has not shown any response to enter into rental

agreement and the respondent has terminated the tenancy by issuing a

legal notice dated 26.08.2021 and the same was received by the petitioner

on 27.08.2021, hence the court below has rightly allowed the petition filed

by the respondent and the appellate court also confirmed the same.

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

CRP No.3571 of 2023 & C.M.P.No.22348 of 2023

6. Heard the learned counsel on either side and perused the

documents placed on record.

7. According to the petitioner, he is ready and willing to sign the

rental agreement and never refused to execute the agreement, further, the

rent has been increased from time to time and the other shops located in

the said area are also fetching similar rents, as paid by the petitioner and

the petitioner is willing to continue the tenancy.

8. It is the claim of the learned counsel for the respondent that the

petitioner, who is a hair stylist is earning more money, for which, the

learned counsel for the petitioner submits that the amount received from

his customers are very less and that the petitioner cannot be compared

with the other new stylists, this Court is not inclined to accept the said

submission of the learned counsel for the petitioner, in view of fact that

there are many facilities available in the modern world and the petitioner

can make more money, if he applies all the new techniques for haircut.

9. In view of the above, this Court is in complete agreement with the

orders passed by the trial court as well as the appellate court. Since the

petitioner expressed his willingness to continue the tenancy and at this

stage, the learned counsel for respondent has also sought instructions https://www.mhc.tn.gov.in/judis

CRP No.3571 of 2023 & C.M.P.No.22348 of 2023

from his client with regard to the continuation of tenancy, this Court is

inclined to pass the following orders:

(i) Since the petitioner is willing to continue the tenancy and the

respondent has also sought instructions with regard to continuation of

tenancy, as agreed by both the parties, a sum of Rs.15,000/- shall be paid

by the petitioner to the respondent, as rent, without any default and a sum

Rs.15,000/- + GST shall be paid by the petitioner along with increase at the

rate of 10% every year from 01.01.2024.

(ii) It is also submitted by the learned counsels that the arrears of

rent from 01.01.2021 to till date nearly comes around Rs.18,00,000/-and

the same shall be paid by the petitioner in six equal instalments

commencing from October, 2023 to March, 2024 to the respondent /

landlord, less the amount already paid. For the said period, viz.,

01.01.2021 to 01.01.2024, the GST amount is waived to the petitioner and

the same shall be paid by the respondent / landlord to the authorities

directly.

The present Revision is disposed of accordingly at the admission

stage. No costs.

27.09.2023

Index:Yes/No; Internet:Yes/No Speaking / Nonspeaking order ssd https://www.mhc.tn.gov.in/judis

CRP No.3571 of 2023 & C.M.P.No.22348 of 2023

V.BHAVANI SUBBAROYAN J.

ssd

To

1. The XII Judge, Court of Small Causes, Chennai

2. The IX Judge, Court of Small Causes, Chennai

Civil Revision Petition No.3571 of 2023 & C.M.P.No.22348 of 2023

27.09.2023

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