The High Court disposed of civil revision petitions challenging an eviction order. After examining whether there was rent default or unauthorized commercial use, the court directed the tenant to vacate the premises and pay outstanding rent to the landlord.
Direction to vacate premises by 31.10.2023 and pay rent for August to October 2023.
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.
C.R.P. No. 658 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :26.07.2023
CORAM :
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.R.P. Nos. 658 and 659 of 2023 and C.M.P.Nos.5138 and 5176 of 2023
.Vs.
Prayer in C.R.P.No.658 of 2023: Civil Revision Petition is filed under Section 115 of C.P.C, praying to allow the Civil Revision petition, setting aside the fair and decreetal order of District Munsif Court at Ambattur, Chennai dated 12.01.2023 in I.A.No.52 of 2021 in R.C.O.P.No.34 of 2017
and to order the said I.A as prayed for and pass orders.
Prayer in C.R.P.No.659 of 2023: Civil Revision Petition is filed under Section 115 of C.P.C, praying to allow the Civil Revision petition, setting aside the fair and decreetal order of District Munsif Court at Ambattur, 1/7
C.R.P. No. 658 of 2023
Chennai dated 12.01.2023 in I.A.No.53 of 2021 in R.C.O.P.No.34 of 2017
and to order the said I.A as prayed for and pass orders.
For Petitioner : Mr. T.N. Rangesh Kanna
For Respondents : Mr.K.N. Nataraj
ORDER
These petition are filed to allow the above Civil Revision petitions, setting aside the fair and decreetal order of District Munsif Court at Ambattur, Chennai dated 12.01.2023 in I.A.Nos.52 of 2021 and 53 of 2021 in R.C.O.P.No.34 of 2017.
first respondent/land lord and second respondent is the power agent of the first respondent. Whileso, there was some default in payment of rents by the petitioner and the petitioner is not using the subject property for which it was rented and he is carrying out some other work and the subject property is in dilapidated condition. Hence, the first respondent/land lord has filed a petition under in R.C.O.P.No.34 of 2017 before the Rent Controller Cum District Munsif, Ambattur Sections 10(2)(i), 10(2),(ii)(b), 10(2),(iii), 2/7
C.R.P. No. 658 of 2023
10(2),(viii) and Section 14(1)(b) of the Tamil Nadu Buildings ( Lease and Rent Control) Act, 1960 to evict the petitioner from the subject property and the learned Judge vide order dated 02.04.2018 directed the petitioner to vacate the subject property and hand over the possession to the first respondent/landlord within a period of two months from 02.04.2018, to set aside the same, the petitioner/tenant herein who is the respondent/tenant in R.C.O.P has filed the M.P.No.52 of 2021 with a delay of 1245 days and to condone the delay he has filed another M.P.No.53 of 2021 before the District Munsif, Ambattur and the learned Judge vide order dated 12.01.2023 has dismissed both the M.P.s with costs. Aggrieved over the same the petitioner has come up with this petition.
issued any notice in R.C.O.P and the learned Judge had passed an ex-parte order, if he would have issued issued notice he would have contested the matter and proved that there is no default in payment of rent and he has not used the subject property other than residential purpose as alleged by the respondents herein. Hence, he prays to allow this petition.
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C.R.P. No. 658 of 2023
5 . Heard the learned counsel for the revision petitioner and the
learned counsel for the respondent and perused materials available on record.
6.1. With regard to point No.1 Whether the petitioner was default
in payment of rent, it is made clear that initially there was a arrears of rent
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and the same was recorded by the learned Judge in R.C.O.P.No. 34 of 2017 vide order dated 02.04.2018 .
6.2 With regard to point No.2 Whether the petitioner used the
subject property other than that what it is alloted and with regard to the same, the respondent failed to establish the same and with regard to the allegation that the property is in a dilapidated condition, the same was also not proved through any third party witness or by photographs.
that the Respondents have let the subject property for rent with a bona fide intention and the petitioner ought to have vacated from the premises as the landlord requires the subject property.
vacate from the premises in question and handover the possession of the same to the respondents on or before 31.10.2023 and also pay the rent from the month of August 2023 to October 2023, failing which the respondents can evict the petitioner/tenant though the help of local police if necessary.
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C.R.P. No. 658 of 2023
disposed. There shall be no order as to costs. Consequently, connected
Miscellaneous Petition are closed.
on 01.11.2023.
26.07.2023
smn Index : Yes/No Internet: Yes/No
To.
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C.R.P. No. 658 of 2023
V.BHAVANI SUBBAROYAN,J. Smn
C.R.P. Nos. 658 and 659 of 2023 and C.M.P.Nos.5138 and 5176 of 2023
26.07.2023
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3 issues framed by the court
Whether there was a default in payment of rent justifying eviction.
Whether the tenant was using the premises for a purpose other than what was allotted.
Whether the landlord was entitled to recover possession of the subject property.
2 provisions across 2 enactments
S. Amuthaventhan
B. Prabaharan
G. Baskar
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
