Revision petitions filed to set aside orders staying eviction in a tenancy dispute. The High Court remitted the principal appeal to the lower court for disposal and stayed the execution of eviction pending that appeal's outcome.
Remitted the principal appeal for disposal; stayed execution of eviction pending the outcome of that appeal.
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.Nos.990 and 991 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.R.P.Nos.990 and 991 of 2023 and
CMP.Nos.7288 and 7287 of 2023
R.K.Umedmal
.. Petitioner in both C.R.Ps
Versus
S.Sharath Babu
.. Respondent in both C.R.Ps
Common Prayer: These Civil Revision Petitions are filed under Article 227 of the Constitution of India, to set aside the orders dated 16.03.2023 passed in I.A.Nos.1 and 2 of 2023 in RLTA No.18 of 2023 on the file of IV Additional City Civil Court, Chennai and set aside the same and allow I.A.Nos.1 and 2 of 2023.
For Petitioner in both C.R.Ps : Mr.Om Sai Ram
For Respondent in both C.R.Ps : Ms.B.Megadharshini
1/8
C.R.P.Nos.990 and 991 of 2023
ORDER
These Civil Revision Petitions have been filed against the orders
dated 16.03.2023 passed in I.A.Nos.1 and 2 of 2023 in RLTA No.18 of 2023 on the file of IV Additional City Civil Court, Chennai.
The brief facts of the case is that:-
The respondent is the absolute owner of the property and the petitioner was inducted as a tenant in respect of the petition mentioned property, on a monthly rent of Rs.700/- and the petitioner has not paid any amount as rental advance of the shop portion where he is running business and the tenancy is non residential and that there is no rental agreement between the petitioner and the respondent. As there was no written agreement in place on the date of the commencement of the New Tenancy Act, viz., TNRRRLT Act, 2017, and there was clear failure to enter into an agreement as contemplated under Section 4(2) of the Act, the respondent had sent a notice dated 17.11.2021 to the petitioner to enter into an rental agreement which was enclosed along with the notice failing which the petitioner shall vacate and handover the vacant possession of the premises.
2/8
C.R.P.Nos.990 and 991 of 2023
The petitioner has sent a reply dated 22.12.2021 stating that he would enter into tenancy agreement, if its terms are suitable and sent the draft rental agreement with modifications in the rent and advance amount, for which the respondent sent a reply dated 31.12.2021 stating that the terms of the draft agreement sent by the petitioner is unfair and not acceptable. At that stage, the petitioner has filed RCOP No. 1101 of 2015 in which the learned Rent Controller has fixed the fair rent against which the petitioner has filed RCA No. 25 of 2023 along with MP No. 2 of 2023 before the VII Small Causes Court, Chennai contending that the learned Rent Controller has not considered material aspects relating to the market value and has fixed an unreasonable amount as fair rent and that the respondent might file a petition for eviction alleging willful default in payment of rent. The VII Judge, Court of Small Causes, Chennai by order dated 03.03.2023 in MP No. 2 of 2023 granted interim stay upon condition that the petitioner herein pays the entire agreed contractual rent to the respondent on or before 04.04.2023 and continues to pay the subsequent rents that may become due on or before the 7th of every succeeding month and further deposit the arrears of rent namely the difference between the fair rent and the contractual rent to the credit of RCOP No. 1101 of 2015 on or before
3/8
C.R.P.Nos.990 and 991 of 2023
04.04.2023 and also to continue to deposit the subsequent differential rents that may become due on or before the 7th day of every calender month till the disposal of that petition. In that backdrop, the respondent filed a petition in RLTOP No.21 of 2022 before the XVI Judge, Court of Small Causes, Chennai in which the petitioner was directed to vacate and handover the vacant possession of the petition premises to the respondent within one month by order dated 05.12.2021 against which the petitioner has filed RLTA No. 18 of 2023 before the IV Additional City Civil Court, Chennai. In that appeal, the petitioner has filed IA No. 1 of 2023 to stay the order of eviction in which interim stay was granted by order dated 18.02.2023 on condition that the petitioner shall pay the admitted rent without arrears and 25% of the rent fixed by the XII Small Causes Court, Chennai within 18 days from 18.02.2023 (ie) on or before 07.03.2023. The petitioner has also file IA No. 2 of 2023 to modify the order in IA No. 1 of 2023, which was dismissed by order dated 14.03.2023 observing that the petitioner shall pay 25% of the arrears of rent amount to the respondent and deposit the remaining 75% of the arrears of rent amount before the Rent Control Appellate Court. Since the aforesaid conditional order has not been complied with, IA No. 1 of 2023 was also dismissed by
4/8
C.R.P.Nos.990 and 991 of 2023
order dated 16.03.2023. Feeling aggrieved by the order passed in IA Nos.
1 and 2 of 2023, the petitioner has filed these Civil Revision Petitions.
no time to arrange funds as he was directed to deposit 100% fair rent to the VII Small Causes Court, Chennai and 75% fair rent to the VII Small Causes Court, Chennai and 25% fair rent to the respondent and in the meanwhile, the respondent has filed an Execution Petition in E.P.No.17 of 2023 before the XVI Small Causes Court, Chennai. Therefore, he prays to set aside the orders passed in I.A.Nos.1 and 2 of 2023.
5/8
C.R.P.Nos.990 and 991 of 2023
observing that the petitioner shall pay 25% arrears of rent to the respondent and deposit the remaining 75% of the arrears of rent before the Learned Rent Control Appellate Authority. In the aforesaid circumstances, the respondent had filed the Execution Petition in E.P.No.17 of 2023 for eviction of the petitioner. Therefore, the order passed in I.A.Nos.1 and 2 of 2023 has to be confirmed.
6/8
C.R.P.Nos.990 and 991 of 2023
Revision Petitions.
disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs.
10.07.2023
kv
Index: Yes/No Speaking order/Non-speaking order Neutral Citation: Yes/No
To
7/8
C.R.P.Nos.990 and 991 of 2023
V.BHAVANI SUBBAROYAN,J.
Kv
C.R.P.Nos.990 and 991 of 2023
10.07.2023
8/8
1 issue framed by the court
Whether the High Court should dispose of the pending appeal regarding the tenancy dispute itself during the pendency of the revision petition involving conditional stay orders on eviction.
1 provisions across 1 enactments
R.K.Umedmal
S.Sharath Babu
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
