Madras High Court
S.R.Ravichandran vs Vaduganathan Talkies on 13 June, 2025
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
C.R.P.No.2188 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2025
CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
C.R.P.No.2188 of 2025
and
C.M.P.No.12763 of 2025
1.S.R.Ravichandran
2.Sri Thillai Ganesh Hotel
Represented by its Partner
S.R.Ravichandran,
No.87/8-1, Sengalaneer Pillaiyar Koil Street,
Chidambaram – 608 001. ... Petitioners
Vs.
Vaduganathan Talkies
Partnership Firm,
Represented by its Partner
L.Subbaiah
No.87/B, Sengalaneer Pillaiyar Koil Street,
Chidambaram – 608 001. ... Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India against the fair and decretal order dated 29.10.2024 in
R.L.T.A.No.1 of 2024 on the file of the Principal District Court, Cuddalore,
confirming the order dated 23.06.2023 passed in R.L.T.O.P.No.5 of 2021 on
the file of the Principal District Munsif Court, Chidambaram.
Page 1 of 14
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 03:31:43 pm )
C.R.P.No.2188 of 2025
For Petitioners : Mr.A.Muthukumar
For Respondent : Mr.V.G.Sureshkumar
ORDER
Challenging the concurrent findings of the Courts below ordering
eviction, the present revision has been filed.
2.The 1st petitioner is a tenant under the respondent. The initial rent
paid was Rs.950/-. An advance of Rs.4,00,000/- was also paid thereafter by
the 1st petitioner/tenant to the respondent/landlord. Admittedly, there is no
rental agreement between the tenant and the landlord. After the
commencement of the Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act, 2017 (hereinafter referred to
as “TNRRRLT Act” for brevity), the landlord sent a notice dated
02.12.2020 to the tenant pointing out that there is no tenancy agreement.
Though the tenant issued a reply notice, dated 28.12.2020, raising several
allegations, he did not come forward to enter into a tenancy agreement with
the landlord. Stating that there is no tenancy agreement between the parties
and that the landlord requires the premises for carrying out alterations and
also for own occupation, the landlord filed the application in
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 03:31:43 pm )
R.L.T.O.P.No.5 of 2021 before the Principal District Munsif Court,
Chidambaram, for eviction under Sections 21(2)(a), 21(2)(e) and 21(2)(g) of
the TNRRRLT Act. The Rent Court allowed the application on the ground
of Section 21(2)(a), as the parties have not entered into a tenancy agreement
as mandated under Section 4(2) of the Act, however, dismissed the petition
on the grounds of Sections 21(2)(e) and 21(2)(g) of the Act. The matter was
taken on appeal by the tenant before the Principal District Court, Cuddalore,
in R.L.T.A.No.1 of 2024. The Rent Appellate Court also confirmed the
order of the trial Court. Challenging the concurrent findings of the Courts
below ordering eviction, the present revision is filed by the tenant.
3.Learned counsel for the revision petitioner submitted that the
landlord was not interested in entering into a tenancy agreement with the
tenant as mandated under the Act. It is his contention that the landlord
cannot blame the tenant for the non-execution of any written agreement
after the commencement of the new Act.
4.Heard the learned counsel on either side and perused the material
documents available on record.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 03:31:43 pm )
5.Admittedly, this is a case of oral lease and there is no written
tenancy agreement between the parties from the inception. However, after
the advent of the Tamil Nadu Regulation of Rights and Responsibilities of
Landlords and Tenants Act, 2017, which came into force with effect from
22.02.2019, an agreement is mandatory to claim rights under this Act and in
order to avail the benefits under the Act, Section 4 directs the parties to
enter into an agreement compulsorily, that too, even for existing tenancy.
Time limit is also set out within which agreement should be entered into
between the parties. The main object of the TNRRRLT Act is to regulate
the rent as per the terms agreed between the parties. Since the Act itself
aims to regulate the rent on the basis of the terms of the contract, the parties
have an obligation to enter into a contract, failing which, it may be one of
the grounds for seeking eviction under Section 21(2)(a) of the Act in terms
of proviso to Section 4(2) of the Act, 2017, which contemplates that
irrespective of the failure on the part of either landlord or tenant in entering
into an agreement, eviction can be sought on this sole ground.
6.It is relevant to note that the tenant must have shown some evidence
to the extent that he was ready to enter into an agreement with a reasonable
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 03:31:43 pm )
rent as per the market value and that it was the landlord, who refused to
enter into an agreement, in the absence of which, it cannot be said that the
order of eviction is bad in the eye of law.
7.In other words, the above makes it clear that, non-entering into an
agreement in writing even on the mistake on either side will give rise to a
cause of action for the landlord to seek eviction under Section 21(2)(a) of
the new Act. This Court, in the case of S.Muruganandam v. J.Joseph
reported in 2022 (2) CTC 291 (Mad), has held as follows :
“9.It gives the right to the landlord to sue for
repossession dehors the fact that the landlord may be at fault
and he may be the reason for non-renewal or failure to enter
into an agreement in writing. It is not open to a tenant to
contend that despite his request, the landlord did not execute
an agreement in writing and therefore, the landlord cannot
invoke Section 21(2)(a) seeking repossession. This anomaly or
the deficiency throws up several new challenges, before the
Rent Courts. Various situations emerge under which the Rent
Court has to consider the effect of absence of an agreement in
writing.
10.The Scheme of the New Act requires tenancies to be
in writing or to be converted into writing and in both cases to
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 03:31:43 pm )
be registered as specified under the Act. Under the scheme of
the Act, the tenancies can be split into two kinds, one the
tenancies that were created prior to the enactment and
tenancies that were created after the enactment. As far as the
tenancies that were created after the enactment, the parties
have no other choice but to enter into a written agreement
and have it registered as provided under the Act. As regards
the tenancies which has been entered into prior to the
enactment, the parties are required to reduce the terms of the
tenancy into writing and have it registered or if the tenancy is
in writing to have it registered under the new Act. Therefore,
the Act in effect does away with oral tenancy.”
8.Therefore, the provisions of Section 4 of the new Act and the
judgment of this Court referred supra make it clear that, in respect of the
tenancy, the parties are required to enter into an agreement. Failure to enter
into such agreement, even on the mistake on either side, is also one of the
grounds for evicting the tenant.
9.In this regard, this Court in the case of Habeeb Hardware and
another vs. M.D.Gajarajakumar made in CRP.Nos.4509 and 4511 of
2024, dated 13.12.2024, has held as follows :
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 03:31:43 pm )
“7.As far as the contention that the tenant is always
ready and willing to execute the agreement, no documents were
exhibited by the tenants. Be that as it may, the very New Act
came into force on 22.02.2019. The main object of the Act is to
regulate the rent as per the terms and conditions of the
agreement between the landlord and the tenant. It also aims at
balancing the rights and responsibilities of landlords and
tenants and provide regulations of the rent as per the
agreement. The very object of the Act is to regulate the rent
between the landlord and the tenant as per the terms agreed
between the parties. Only to achieve such terms to be entered
between the parties, Section 4 makes it clear that even in
respect of the existing tenancy when there is no agreement
entered between the parties, the parties were required to enter
an agreement in writing within a period of 575 days from the
date of commencement of Act, i.e., 22.02.2019. Proviso to sub-
section (2) to Section 4 of the New Act makes it clear that
irrespective of the failure on the part of the tenant or the
landlord in entering an agreement, the same will give right to
either the landlord or the tenant to apply for termination of the
tenancy under clause (a) of sub-section (2) of Section 21 of the
new Act. In other words, the above proviso makes it clear that
non entering of agreement in writing, even on the mistake of
both sides, will give rise to cause of action to the landlord for
eviction under Section 21 of the New Act.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 03:31:43 pm )
8.Though, the sub-section (2) to Section 4 of the New Act
makes it clear that parties are directed to enter an agreement
in writing with regard to the tenancy within a period of 575
days from the date of commencement of Act, i.e., 22.02.2019;
directing the parties to enter an agreement in writing is in view
of this Court only to regulate the rent as per the market value,
since the very object of the New Act is to regulate the rent on
the basis of the terms settled between the parties in agreement.
This intention of the legislation can be gathered from the
subsequent provisions introduced under the New Act. Section 8
of the New Act defines what is rent payable, which reads as
follows:
"8. Rent payable.— The rent payable in relation to a
premises shall be,—
(a) in case of new tenancies entered into after the
commencement of this Act, the rent agreed to between the
landlord and the tenant at the commencement of the
tenancy;
(b) in case of tenancies entered into before the
commencement of this Act, where no agreement was
executed between the parties, the rent agreed to between
the landlord and the tenant in the agreement executed
between them under sub-section (2) of section 4 ;
(c) in case of tenancies entered into before the
commencement of the Act, where an agreement in writing
was already entered into, the rent agreed to between the
landlord and the tenant in such agreement.”
9.Clause (b) of Section 8 of the Act makes it clear that
even in respect of the earlier tenancy, where no written
agreement was executed between the parties, the rent payable
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 03:31:43 pm )
would be the rent that is agreed upon between the landlord and
the tenant in such agreement which is to be duly executed as
required under sub-section (2) of section 4. The above
mandatory provision requires the parties to enter an agreement
in writing only in order to to regulate the rent as per the terms
of the parties and not based on old rent. If at all, the intention
of the legislation was only to enter an agreement with regard
to the existing rent alone, Section 8 (b) would not have been
brought under the statute to define what is the rent payable
even in respect of the old tenancy.
10.Such view of the matter, this Court is of the view that
merely the basis of the submissions that the tenants were ready
and willing to execute the agreement will not alone be a
ground to resist the eviction. Only when the tenants have
bonafidely come forward to execute the agreement in writing
with a reasonable market rent prevailing at the relevant point
of time, it can be said that the landlord purposely did not agree
to enter an agreement only for the purpose of eviction.”
10.This Court, in the case of V.S.Mohan vs. Sarath Naseera and
others (CRP (PD) No.782 of 2023) decided on 30.07.2024, has held as
follows:
“16.Under Section 4(1) of the Tamil Nadu Act 42 of
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 03:31:43 pm )
2017, the concept of oral tenancy has been abolished. The new
Act demands that any person taking possession of the property
as a tenant or any person giving the property under tenancy as
a landlord, should do so only by way of an agreement in
writing. In case, tenancy agreement in writing is not entered
into between the parties, then Section 4(2) proviso makes it
clear that the landlord or the tenant can apply for termination
of tenancy under Clause (a) of sub-section 2 of Section 21 of
the Tamil Nadu Act 42 of 2017. The effect of Section 21(2)(a) is
also clear. Under the said provision, if an application is made
to the learned Rent Controller and the learned Rent Controller
finds that the landlord and tenant have failed to enter into an
agreement, then, he shall pass an order of recovery. Reading
Section 4(2) proviso along with Section 21(2)(a), I am able to
see that a right is given to the landlord/tenant to seek for
termination of tenancy if no agreement has been entered into. If
that is the situation which prevails, then, the learned Rent
Controller merely passes an order recognising the existence of
such situation and orders recovery of possession.”
11.As held by this Court, the rent shall be as per the terms agreed
between the parties. The new Act has also got a separate mechanism for
revision of rent, which is contained in Section 9 of the new Act. As per
Section 9 of the new Act, the revision of rent between the landlord and
tenant shall be as per the terms set out in the tenancy agreement. The
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 03:31:43 pm )
procedure for increase of rent is also set out in Section 9.
12.Therefore, a combined reading of Section 4, Section 8 and Section
9 of the new Act will make it clear that the new rent has to be fixed only as
per the terms agreed by the parties and the revision of rent has to be as per
the terms set out in the agreement. The procedure by which the revision
should take place is also contemplated under Section 9 of the new Act.
13.Admittedly, the tenant has not established anything before the
Rent Court as well as Appellate Court to substantiate that he had taken steps
and was ready to execute the agreement. Therefore, this Court is not
inclined to interfere with the concurrent findings of the Courts below,
ordering eviction under Section 21(2)(a) of the Act.
14.When the Court was about to dismiss the revision on merits, the
revision petitioners/tenants filed an undertaking before this Court stating
that the tenants will vacate and hand over the vacant possession of the
demise premises on or before 12.06.2026. They have also undertaken to
pay the arrears of rent of Rs.68,400/- and to continue to pay the rent every
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 03:31:43 pm )
month till they vacate and hand over vacant possession to the respondent.
The affidavit of undertaking filed by the petitioners is taken on record.
15.Though the petitioners have sought time for one year, this Court
grants time till 31.12.2025 to vacate and hand over vacant possession of the
subject premises to the respondent. As undertaken by the petitioner, till the
petitioners vacate the premises, the petitioners shall continue to pay the rent
without any default and shall also pay the accrued arrears of rent. It is made
clear that, if there is any violation as against the undertaking made before
this Court, the petitioners will be proceeded for contempt of Court. It is
open to the parties to adjust the rent towards advance. Once the tenants
vacate, the respondent/landlord shall refund the advance amount to the
petitioners after making such adjustment.
16.With the above directions, this Civil Revision Petition is disposed
of. No costs. Consequently, connected miscellaneous petition is closed.
13.06.2025
mkn
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 03:31:43 pm )
Internet : Yes
Index : Yes / No
Speaking order / Nonspeaking order
Neutral Citation : Yes / No
To
1.The Principal District Judge,
Cuddalore.
2.The Principal District Munsif,
Chidambaram.
3.The Section Officer,
VR Section,
High Court of Madras.
N. SATHISH KUMAR, J.
mkn
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 03:31:43 pm )
13.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 03:31:43 pm )
