Madras High Court
K.Jothilingam vs S.Lakshmi on 24 September, 2024
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
C.R.P. No.722 of 2024 & C.M.P.No.3645 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 24.09.2024
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
C.R.P. No.722 of 2024
& C.M.P.No.3645 of 2024
K.Jothilingam ... Petitioner
Vs.
S.Lakshmi ... Respondent
Prayer: Petition filed under Article 227 of the Constitution of India
against the judgment and decree dated 08.01.2024 made in R.L.T.A.
No.73 of 2023 on the file of XX Additional District and Sessions Court,
City Civil Court, Chennai, confirming the order and decree dated
14.12.2022 made in R.L.T.O.P.No.461 of 2021 on the file of X Judge,
Small Causes Court, Chennai.
For petitioner : Mr.G.Gubendhiran
For Respondent : Mr.Adinayarana Rao
ORDER
Challenging the order passed by the learned XX Additional District
and Sessions Judge City Civil Court, Chennai, dated 08.01.2024 in
R.L.T.A. No.73 of 2023 confirming the order passed by the learned X
Judge, Small Causes Court, Chennai, dated 14.12.2022 in
https://www.mhc.tn.gov.in/judis
C.R.P. No.722 of 2024 & C.M.P.No.3645 of 2024
R.L.T.O.P.No.461 of 2021, the above civil revision petition has been
filed.
2.The present civil revision petition arises under the provisions of
Tamil Nadu Regulation of Rights and Responsibilities of Landlords and
Tenants Act, 2017. The relationship of landlord and tenant is not
disputed. The petitioner is the tenant and the respondent is the landlord.
The petitioner had taken tenancy of the property bearing shop No.38,
Ground Floor, New Vijayaragavapuram, 80 Feet Road, Saligramam,
Chennai-600 093, of an extent of 180 sq.ft., based on the rental
agreement dated 01.06.2009 for a period of 11 months commencing from
the said date viz.,01.06.2009 and initially, the rent was fixed at
Rs.6,000/- and it was orally renewed thereafter and the rent was fixed at
Rs.7,000/- per month excluding Electricity Bill charges. Thereafter,
several disputes had arisen between the parties in respect of willful
default on the part of the petitioner. Thereafter, the revision petitioner had
willfully failed to pay rent to the respondent and though he had agreed to
vacate the premises, he did not do so and thereby, the
respondent/landlord had given a police complaint and during the police
enquiry, the petitioner also agreed to vacate the property and adjust his
https://www.mhc.tn.gov.in/judis
C.R.P. No.722 of 2024 & C.M.P.No.3645 of 2024
advance and thereafter, neither vacated nor paid the rent. Subsequently,
the petitioner/tenant had filed O.S.No.6505 of 2017 on the file of IV
Assistant City Civil Court, Chennai, and had obtained injunction. Even
thereafter, when the respondent/landlord had tried to evict him, he had
filed contempt petition and the same is pending. In the meanwhile, the
petitioner had also filed RCOP No.812 of 2018 on the file of XIV Court
of Small Causes, Chennai, in which, by an order dated 09.11.2022, the
petitioner was permitted to deposit monthly rent without any default from
the date of arrears into the credit of this RCOP within 15 days from the
date of this order and further, the petitioner was directed to deposit the
future monthly rents on or before 7th day of every consecutive English
calendar month. The respondent/landlord had filed RLTOP No.461 of
2021 before the X Court of Small Causes, Chennai, under Section
21(2)(a), 21(2)(b) and 21(2)(d) of the Tamil Nadu Regulation of Rights
and Responsibilities of Landlords and Tenants Act, 2017, in which, the
learned Judge, by an order dated 14.12.2022, held that the petitioner had
not filed the written rental agreement as required under Section 4(2) of
the Act and hence, the respondent/landlord is entitled to the order of
repossession under Section 21(2)(a) of Act and directed the petitioner/
tenant to vacate and hand over the vacant possession of the petition
https://www.mhc.tn.gov.in/judis
C.R.P. No.722 of 2024 & C.M.P.No.3645 of 2024
premises to the respondent/landlord within a period of one month from
the date of the order. Challenging the said order, the petitioner/tenant had
filed an appeal in RLTA No.73 of 2023 before the XX Additional District
and Sessions Court, City Civil Court, Chennai. The learned Judge, by an
order dated 08.01.2024, while confirming the order of the learned X
Judge, Court of Small Causes, Chennai, had dismissed the Appeal filed
by the petitioner/tenant. Aggrieved against the said order, the
petitioner/tenant had filed the present civil revision petition.
3.The only ground raised by the petitioner/tenant in this civil
revision petition is that this petition for eviction on the ground of non
entering into a written lease agreement has been filed even prior to expiry
of 575 days under the TNRRRLT Act, 2017 after issuance of notice dated
30.12.1920 and thereby, he would seek to set aside the orders passed by
the courts below.
4.Per contra, learned counsel appearing for the respondent/landlord
would submit that the Act came into force on 22.02.2019 and 90 days
time provided was extended to 210 days as per amended Section 4(2)
of the Act for the tenant to enter into a lease agreement and registration of
the same and subsequently, it was extended to 575 days from the date of
https://www.mhc.tn.gov.in/judis
C.R.P. No.722 of 2024 & C.M.P.No.3645 of 2024
commencement of the amended Act 3 of 2020 dated 15.02.2020. He
would further submit that in the present case, the period of 575 days for
entering into the tenancy agreement registration had expired on
18.09.2020 and R.L.T.O.P. No.461 of 2021 was filed on 04.08.2021
after expiry of 575 days and thereby, the ground taken by the petitioner
cannot be sustained and seeks to dismiss the civil revision petition.
5.In support of his contention, the learned counsel for the
respondent/landlord had placed reliance on the judgment of this Court in
S.Muruganandam Vs. J.Joseph (2022 Supreme Court Cases Online
Madras 958), wherein the position of law has been settled and held that
in case the landlord and tenant do not enter into a tenancy agreement as
contemplated under the TNRRRLT Act, 2017, then the tenant incurs the
wrath of Section 21(2)(a) of the Act and the period has to be calculated
from the date of coming into the force of the Act and the petition can be
filed after 575 days from the date of coming into force of the Act.
6.Heard the learned counsel on either side and perused the
materials available on record.
7.A perusal of records would show that the rental agreement for a
https://www.mhc.tn.gov.in/judis
C.R.P. No.722 of 2024 & C.M.P.No.3645 of 2024
period of 11 months was entered into between the parties on 01.06.2009
prior to the commencement of the Act and the said agreement had expired
prior the commencement of the Act and neither an agreement in writing
as required under Section 4(2) of the Act has been entered into nor the
existing agreement has been registered within a period of 575 days from
the date of the commencement of the new Act. Admittedly, in the present
case, there is no agreement between the petitioner and the respondent as
envisaged under the Act. On the basis of this factual finding, the Rent
Controller ordered eviction and it has been rightly confirmed by the
Appellate Authority. Both the Courts below had rightly held that in view
of failure of the parties to enter into a written agreement as mandated
under Section 4(2) of the TNRRRLT Act, 2017, the petitioner is liable to
be evicted and the landlord is entitled to seek re-possession of tenanted
premises by invoking provision under Section 21(1)(a) of TNRRRLT Act,
2017. In the light of the above discussion, this Court does not find any
illegality or irregularity in the order of the Courts below and the civil
revision fails and the same is dismissed. No
costs. Consequently, connected civil miscellaneous petition is also
https://www.mhc.tn.gov.in/judis
C.R.P. No.722 of 2024 & C.M.P.No.3645 of 2024
dismissed.
09.09.2024
Index: Yes/No
raa
To
1. XX Additional District and Sessions Court, City Civil Court, Chennai.
2. X Court, Court of Small Causes, Chennai.
A.D.JAGADISH CHANDIRA, J.
raa
https://www.mhc.tn.gov.in/judis
C.R.P. No.722 of 2024 & C.M.P.No.3645 of 2024
09.09.2024
https://www.mhc.tn.gov.in/judis
