Madras High Court
Erode Weighing Home vs Page Nos.1/ on 10 January, 2025
C.R.P.No.5339 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2025
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
C.R.P.No.5339 of 2024
and
C.M.P.No.29653 of 2024
1. Erode Weighing Home
Represented by its Managing Partner
P.Murugesan
Son of R.Palaniyappa Gounder
Door No.840, EVN road,
Erode - 638 009.
2. P.Murugesan
S/o.R.Palaniyappa Gounder
3. S.Subbulakshmi
W/o.Late C.Sengottaiyan
4. C.Ramathal
W/o.Late M.Chinnusamy
5. K.Mohanasundaram
S/o.Late Kuppusamy Gounder
6. S.Kathirvel
S/o.Late Sengoda Gounder ... Petitioners
Vs.
Page Nos.1/10
https://www.mhc.tn.gov.in/judis
C.R.P.No.5339 of 2024
1. R.M.Kamila
W/o.Late Syed Ibrahim
2. Mohmoodha
W/o.Mohamed Yahya
3. M.Raihanathul Basiriya
W/o.Late Mohamed Ibrahim
4. Faizunnisa
W/o.Jailani
5. Dr.R.M.Habibulla
S/o.Late Mohammed Yusuf
6. S.Sadiq Ali
S/o. Late K.K.A.Syed Ahamed Ali
7. S.Siraj Ali
S/.Late K.K.A Syed Ahamed Ali
8. S.Sheik Hassan Ali
S/.Late K.K.A Syed Ahamed Ali
9. K.A.S.Syed Rabia Bibi
W/o.Late Jaffar Ali
10. J.Habibunnissa
W/o.Naushad Ali
11. J.Mohammed Haroon Ali
S/o.Late K.K..A.Jaffar Ali
12. Mohamed Noorul Ameen
S/o.Late K.K.A.Jaffar Ali
Page Nos.2/10
https://www.mhc.tn.gov.in/judis
C.R.P.No.5339 of 2024
13. J.Fathima Yasmeen
W/o.Abdul Khader
14. S.A.Noorunnisa
W/o.S.Siraj Ali
15. Razia Banu
W/o.Farook Ali
16. P.A.K.A.Malika Asharafunisha
W/o.Mohamed Ali
17. K.K.A.Hameed Ali
S/o.Abdul Sathar
18. T.Senthilkumar
S/o.P.Thulasimani ... Respondents
Prayer :
Civil Revision Petition filed under Article 227 of The Constitution of
India against the Fair and Final order dated 30.09.2024 made in
Tr.O.P.No.194 of 2023 on the file of the Court of Principal District Judge,
Erode by allowing this civil revision petition.
For Petitioners : Mr.C.E.Pratap
For Respondents : Mr.V.Sivakumar
M/s.P.B.Ramanujam Associates
for Caveators
Page Nos.3/10
https://www.mhc.tn.gov.in/judis
C.R.P.No.5339 of 2024
ORDER
This civil revision petition is filed challenging the order of Principal
District Judge at Erode in Tr.O.P.No.194 of 2023 dated 30.09.2024.
2. The civil revision petitioners are the plaintiffs in O.S.No.166 of
2017. The defendants are the petitioners in RLTOP No.5 of 2022 on the file
of Principal District Munsif at Erode. O.S.No.166 of 2017 is a suit
claiming the following reliefs :
'a) granting a permanent injunction restraining the
defendants, their men and agents from interfering in any
manner with the plaintiffs peaceful possession and enjoyment
of the same evicting the plaintiffs from therein, till they are
evicted under due process of law.
b) directing the defendant to pay the cost of the suit to
the plaintiffs'
3. It is the case of plaintiffs / civil revision petitioners that they had
entered into the suit property which was then a vacant land in the year 1974.
While they were attempting to repair the tar road, the defendants attempted
to dispossess them from the vacant land. Hence, they issued a suit notice on
22.12.2016. The said notice was returned on 24.12.2016. Fearing that they
may be dispossessed, they filed the suit for the aforesaid reliefs.
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4. The written statement has been filed by the fourth defendant
accepting that the plaintiffs had entered into the suit property by way of
lease agreement but they denied the averment that the suit land was a vacant
land on the date on which the lease agreement was entered into. According
to them, the property had buildings on the date on which the lease
agreement had been entered into between the plaintiffs and defendants.
5. Both sides agree that the suit is now pending trial.
6. The defendants in O.S.No.166 of 2017 along with the other co-
owners of the property presented RLTOP No.5 of 2022 on the file of the
Principal District Munsif at Erode invoking Sections 21(2)(a), 21(2)(b),
21(2)(d) and 21(2)(e) of the Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act, 2017 [Act 42 of 2017
amended by Act 39 of 2018 and 22 of 2019] {TNRRRLT Act, 2017}. They
pleaded that the possession of the land and building was handed over to the
respondents and they are tenants in the said property. As the tenants
committed willful default and had also not entered into a written agreement
as required under Section 4(2) of TNRRRLT Act and since the tenants had
damaged the property, they sought for eviction. The Additional ground
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being immediate demolition and reconstruction of the premise, the tenant
has filed counter to the said RLTOP. Pending this proceedings, the tenants
moved Tr.OP.No.194 of 2023 seeking transfer of RLTOP No.5 of 2022 from
the file of Principal District Munsif Court at Erode to the file of the II
Additional District Munsif Court, Erode for joint trial along with
O.S.No.166 of 2017. Notice was ordered in the transfer petition and
respondents / landlords were served with notice.
7. The learned Principal District Judge, Erode came to a conclusion
that the Principal District Munsif Court at Erode being notified Court under
the TNRRRLT Act and II Additional Court not being the notified Court,
RLTOP proceedings cannot be transferred from the file of Principal District
Munsif Court, Erode to the file of II Additional District Munsif Court,
Erode. Consequently, learned Principal District Judge, Erode dismissed the
transfer petition. Hence, the revision.
8. I heard Mr.C.E.Pratap for civil revision petitioners and
Mr.V.Shivakumar, represents M/s.P.B.Ramanujam Associates, counsel for
caveators.
9. Both sides orally agree that the petitioners / plaintiffs in
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O.S.No.166 of 2027, took the lease of a property from respondents herein.
The revision petitioners plead they took lease of a vacant land. It is the case
of respondents / landlords that what was leased out to civil revision
petitioners was not a vacant land but a land and building.
10. Fearing that they will be dispossessed from the property,
O.S.No.166 of 2017 has come to be presented. When I heard the revision,
Mr.V.Shivakumar, submitted that it is not the intention of landlords to
forcibly dispossess the tenants from the suit premises. He states that the
landlords are law abiding citizens and it is only on that account, they filed
RLTOP No.5 of 2022 seeking for eviction. In other words, the plea of
Mr.V.Shivakumar is that they will take the possession of the property only
through the process of law.
11. When a clear and categorical undertaking is given by the
defendants in the suit in O.S.No.166 of 2017, on the file of II Additional
District Munsif Court at Erode that they are not going to dispossess the
tenants other than by due process of law, keeping the suit pending does not
deserve the precious judicial time, which can be spent on the other
contested proceedings. Therefore, invoking the power under Section 24 of
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the Code of Civil Procedure, 1908 (Act No.5 of 1908), O.S.No.166 of 2017
is transferred to the file of this Court. The undertaking given by
Mr.V.Shivakumar that the tenants will not be evicted other than by due
process of law is recorded. The suit shall stand decreed recording the said
undertaking. The learned II Additional District Munsif at Erode, shall
record this order and dispose of the suit accordingly.
12. Now turning to RLTOP No.5 of 2022, it is the plea of
Mr.C.E.Pratap that his clients have taken possession of the property as a
vacant land. For the purpose of applying TNRRRLT Act, a tenant must be
put in possession of land and building. If he has taken possession of vacant
land alone, TNRRRLT Act cannot be utilized for the purpose of eviction.
That being the position, learned Principal District Munsif shall frame an
issue as to whether at the time of oral lease in the year 1977, what was
handed over to the respondents before him was vacant land or land in
building. The jural relationship is not in dispute. The only dispute is
whether the the tenancy is for land and building or for vacant land. Before
pronouncing judgment on merits of the case, learned Principal District
Munsif-cum-Rent Controller, Erode shall answer this issue and thereafter
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decide the other issues that have been raised between the parties.
13. Since the suit in O.S.No.166 of 2017 has been decreed, the
question of transferring RLTOP No.5 of 2022 to the file of the II Additional
District Munsif Court does not arise. In any event, I have to hold that the
position of law laid down by the Principal District Munsif, Erode that the
Rent Control proceedings can be tried only by a notified Court is correct.
14. The learned Principal District Munsif, Erode shall dispose of
RLTOP No.5 of 2022 as expeditiously as possible. In any event, an outer
time limit of six months is given to learned Principal District Munsif, Erode
to dispose of RLTOP.No.5 of 2022.
15. In the light of the above discussion, this Civil Revision Petition is
dismissed. Consequently, connected miscellaneous petition is closed.
There shall be no order as to costs.
10.01.2025
Index : Yes / No
Neutral Citation : Yes / No
Speaking order / Non-speaking order
mk
https://www.mhc.tn.gov.in/judis
V.LAKSHMINARAYANAN, J.,
mk
10.01.2025
https://www.mhc.tn.gov.in/judis
