Madras High Court
V.Chandramohan vs A.Saroja Ammal on 24 February, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
C.R..P.(NPD)(MD).No.2514 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P(NPD)(MD)No.2514 of 2022
and
C.M.P(MD) No.12354 of 2022
V.Chandramohan ... Petitioner/Appellant
/Tenant
Vs.
A.Saroja Ammal ... Respondent/
Respondent/
Landlord
PRAYER: Civil Revision Petition filed under Section 25 of Tamil Nadu
Buildings (Lease and Rent Control) Act 1960, against the judgment and
decree passed in R.C.A.No.2 of 2021, dated 27.09.2021 on the file of the
Rent Control Appellate Authority/Sub Court, Pattukottai confirming the
judgment and decree passed in R.C.O.P.No.5 of 2018, dated 05.08.2021 on
the file of Rent Controller/District Munsif Court, Pattukottai.
For Petitioner : Mr.N.Balakrishnan
For Respondent : Mr.S.Deenadhayalan
1/6
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C.R..P.(NPD)(MD).No.2514 of 2022
ORDER
The respondent/tenant in R.C.O.P.No.5 of 2018 on the file of the Rent
Controller/ District Munsif Court, Pattukkottai, is the revision petitioner
herein.
2. The respondent/landlord has filed the above said Rent Control
Petition for evicting the tenant on the ground of willful default, owner's
occupation and demolition for reconstruction. The Rent Controller had
allowed the eviction petition only on the ground of willful default and
rejected the other grounds. Challenging the same, the tenant had filed
R.C.A.No.2 of 2021 before the Rent Control Appellate Authority/Sub –
Court, Pattukkottai, who had concurred with the findings of the Rent
Controller and dismissed the appeal. Challenging the concurrent findings, the
present Civil Revision Petition has been filed.
3. According to the learned counsel appearing for the revision
petitioner, the landlord had refused to receive the rent in the year 2016 and
therefore, the tenant was constrained to file R.C.O.P.No.2 of 2016 under
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C.R..P.(NPD)(MD).No.2514 of 2022
Section 8 of Tamil Nadu Buildings (Lease & Rent Control) Act. The tenant
has been regularly remitting the monthly rent to the credit of the said R.C.O.P.
Therefore, the contentions of the landlord that the tenant has committed
willful default is not legally sustainable.
4. On the other hand, the learned counsel appearing for the landlord
had contended that the eviction petition was filed for willful default covering
the period between January 2017 and October 2018. The Rent Controller as
well as the appellate authority have found that the tenant had been depositing
the rent before the Rent Controller in R.C.O.P.No.2 of 2016 in lump sum and
arrears. Therefore, the Courts below have rightly arrived at a finding that the
tenant has committed willful default. Hence, he prayed for sustaining the
order of eviction.
5. Heard both sides and perused the records.
6. A perusal of the eviction petition reveals that the landlord had
contended that the tenant has committed willful default for a period of 20
months covering from January 2017 to October 2018. The only defence of the
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C.R..P.(NPD)(MD).No.2514 of 2022
tenant is that he had been regularly remitting the monthly rent in R.C.O.P.No.
2 of 2016, which was instituted by him for depositing the rent. The Rent
Controller as well as the appellate authority have arrived at a finding that the
tenant had habitually remitted the rent in lump sum and the rent has not been
deposited every month. The Courts below have arrived at a concurrent
finding that the tenant has committed willful default. In such circumstances,
this Court is of the considered opinion that there is no ground to interfere in
the order of eviction passed by the Courts below.
7. The learned counsel appearing for the revision petitioner submitted
that the tenant is running a commercial establishment in the petitioner's
premises and he requires time to vacate the same. Considering the fact that it
is a power tools shop, this Court is inclined to grant time till 31.08.2025 to
vacate and hand over vacant possession to the landlord.
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C.R..P.(NPD)(MD).No.2514 of 2022
8. In view of the above said deliberations, this Civil Revision Petition
stands dismissed granting time till 31.08.2025 to vacate the premises. There
shall be no order as to costs. Consequently connected Miscellaneous Petition
stands closed.
24.02.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Rent Control Appellate Authority/Sub Court,
Pattukottai.
2. The Rent Controller/District Munsif Court,
Pattukottai.
3. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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C.R..P.(NPD)(MD).No.2514 of 2022
R.VIJAYAKUMAR,J.
ebsi
C.R.P(NPD)(MD)No.2514 of 2022
24.02.2025
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