Tenants filed a civil revision petition challenging an eviction order based on wilful default. The Court dismissed the petition, holding that the tenants had admitted the landlord-tenant relationship in a prior writ petition, negating the claim of no title.
The civil revision petition is dismissed; connected miscellaneous petition is closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRP.No.5027 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.01.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.No.5027 of 2011 and MP.No.1 of 2011
3.A.Murugesan
... petitioners
Vs.
11.Latha 12.R.Suresh Babu
13.R.Vijayalakshmi
... Respondents
PRAYER: Civil Revision Petition filed under Section 25 of Tamilnadu Buildings (Lease & Rent Control) Act to set aside the judgment and decree dated 22.08.2011 made in RCA.No.17 of 2006 on the file of the Principal Subordinate Court, Salem confirming the order and decretal order dated 03.02.2006 made in RCOP.No.32 of 2000 on the file of the II Additional District Munsif Court, Salem.
For Petitioners : Mr.K.Kannan
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For Respondents For R1,4 to 13 : Mr.B.Balavijayan for M/s.C.S.Associates
CRP.No.5027 of 2011
ORDER
This civil revision petition has been filed to set aside the judgment and decree dated 22.08.2011 made in RCA.No.17 of 2006 on the file of the Principal Subordinate Court, Salem confirming the order and decretal order dated 03.02.2006 made in RCOP.No.32 of 2000 on the file of the II Additional District Munsif Court, Salem, thereby ordered for eviction on the ground of wilful default.
denied the title of the respondents. Further stated that there is no landlord tenant
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CRP.No.5027 of 2011
relationship since the petition premises is a Government poramboke and belongs to Government. They also filed suit in OS.No.122 of 2000 for permanent injunction and the same was decreed in their favour in respect of the very same property.
itself is not maintainable since there is no landlord tenant relatinship between the parties. The petitioners have produced house tax receipt and electricity charge payment receipt pertaining to the petition premises, which were marked as Ex.B4 to Ex.B8. It shows that they are the owners of the property and the RCOP itself is not maintainable. The petitioners also obtained decree of permanent injunction in
CRP.No.5027 of 2011
OS.No.122 of 2000 in respect of the petition premises and as such, they proved
their title over the property and they need not to pay any rent for the petition
premises to the respondents herein.
for respondents 1, 4 to 13.
prove the same, they produced decree passed in OS.No.122 of 2000 dated 20.09.2002 on the file of the I Additional District Munsif Court, Salem. They also
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CRP.No.5027 of 2011
marked Ex.B4 to Ex.B6 and Ex.B8 which had shown that they paid house tax and electricity consumption charges. Admittedly, the suit filed by the petitioners was for permanent injunction. It does not mean that they have title over the property. That apart, admittedly the petitioners did not pay any rent to the respondents so far after demise of the father of the first petitioner herein.
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CRP.No.5027 of 2011
11. Accordingly, this civil revision petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
12.01.2023
Speaking/non-speaking Index : Yes/No Internet : Yes lok
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CRP.No.5027 of 2011
CRP.No.5027 of 2011
G.K.ILANTHIRAIYAN, J.
lok
To
Salem
Salem.
CRP.No.5027 of 2011
12.01.2023
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2 issues framed by the court
Whether the Civil Revision Petition filed under Section 25 of the Tamilnadu Buildings (Lease & Rent Control) Act to set aside the eviction order should be allowed considering the petitioners' admitted
Whether the High Court can interfere with the subordinate courts' orders allowing eviction on the ground of wilful default when the landlord-tenant relationship was admitted in a prior writ petition.
M.Anthony
A.Kumar
A.Murugesan
K.G.Gopalakrishnan
Sakku Bhai
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
