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P.S. Jayabal v. Geetha

Madras HC15 Apr 2025CRP/1504/2025

Case brief

AI extract

What is this about?

civil revision petition; Article 227 Constitution of India; order of return; un-numbered application; docket order; numbering of application; Rent Control Appellate Authority (Principal Sub-Judge) Salem; RCA.No.4 of 2024; RCOP No.41 of 2016; Section 11(4) Tamil Nadu Building Lease and Rent Control Act; arrears of rent Rs.2,46,000; advance Rs.4500; willful default; personal occupation; partition suit O.S.No.4 of 2017; II Additional District Munsif cum Rent Controller Salem; notice dispensed with; no costs

What did the court decide?

Order of return (docket order dated 18.02.2025 in un-numbered I.A.No.___ of 2024 in RCA.No.4 of 2024) set aside; Rent Control Appellate Authority (Principal Sub-Judge), Salem directed to number the petitioners' application and pass orders on merits in accordance with law; no costs. ¶38

P.S. Jayabal Vs Geetha — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the docket order of the Rent Control Appellate Authority (Principal Sub-Judge), Salem dated 18.02.2025 returning, without numbering, the petitioners' application in un-numbered I.A.No.___ of 2024 in RCA.No.4 of 2024 should be set aside and the application directed to be numbered and decided on merits.

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Court's answer

On perusal of the record, the Court found that the petition had been returned without numbering even though, especially in the Fore Noon session, a direction had been issued to serve copy on the other side; therefore, without going into the merits of the case, the Court inclined to allow the revision petition.

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Ratio / Principle

The Civil Revision Petition stands allowed; the order of return made by the Rent Control Appellate Authority (Principal Sub-Judge), Salem in un-numbered I.A.No.___ of 2024 in RCA.No.4 of 2024 on 18.02.2025 is set aside, and the said Authority is directed to number the application filed by the petitioners and pass orders on merits in accordance with law, with no costs.

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Key takeaways

Since the revision petition was filed against an order of return, notice to the respondent was dispensed with.ratio¶36

Detailed headnote1 paragraphs

Madras High Court (A.D. Jagadish Chandira, J.), C.R.P.No.1504 of 2025 under Article 227 of the Constitution of India, decided 15.04.2025 — Allowed. The docket order dated 18.02.2025 of the Rent Control Appellate Authority (Principal Sub-Judge), Salem, returning without numbering the petitioners' application (un-numbered I.A.No.___ of 2024 in RCA.No.4 of 2024, moved under Section 11(4) of the Tamil Nadu Building Lease and Rent Control Act for a direction to the respondent to pay arrears of rent of Rs.2,46,000/-) was set aside, and the Appellate Authority was directed to number the application and pass orders on merits in accordance with law. The Court proceeded on the ground that the petition had been returned without numbering although, in the Fore Noon session, a direction had been issued to serve copy on the other side; the merits were not gone into. Background: RCOP No.41 of 2016 (willful default and personal requirement) had been dismissed on 18.07.2024 owing to a pending partition suit (O.S.No.4 of 2017), and the matter was on appeal in RCA.No.4 of 2024. Notice to the respondent dispensed with; no costs.

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C.R.P.No.1504 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.04.2025

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CORAM :

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THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

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C.R.P.No.1504 of 2025

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P.S.Jayabal 2. R.J.Ramesh

Geetha

... Respondent

PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India, pleased to set aside the docket order dated 18.02.2025 in un-numbered I.A.No. of 2024 in RCA.No.4 of 2024 on the file of the Rent Control Appellate Authority (Principal Sub-Judge), Salem and direct to number the case and decide the case on merits.

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For Petitioner : Mr.D.Ashok Kumar

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O R D E R

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This Civil Revision Petition has been filed seeking to set aside the docket order passed by the learned Principal Sub-Judge, Rent Control Appellate Authority, Salem, in un-numbered I.A.No........of 2024 in RCA.No.4 of 2024 on 18.02.2025 and to direct the learned Judge to number the case and decide the case

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https://www.mhc.tn.gov.in/judis

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C.R.P.No.1504 of 2025

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on merits.

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The brief facts of the case are as follows :-

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2.1. The petitioners, who claim to be the landlords, have filed RCOP

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No.41 of 2016 against the respondent, who is the daughter of the 1^st petitioner and the sister of the 2^nd petitioner, before the learned II Additional District Munsif cum Rent Controller, Salem, on the ground of willful default of payment of rent and on the ground of requirement of lease property for personal occupation of the petitioners.

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2.2. The Rent Controller, finding that a partition suit was pending

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between the parties in O.S.No.4 of 2017 on the file of the II Additional District Court, Salem, had dismissed RCOP No.41 of 2016 on 18.07.2024 holding that without adjudication of the title of the petition mentioned property and the status of the respective parties, the alleged issues of default of payment of rent and need for personal occupation cannot be adjudicated by the Court.

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2.3. Against the dismissal order dated 18.07.2016, the petitioners had

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preferred an appeal before the Rent Control Appellate Authority, Salem in RCA.No.4 of 2024.

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2.4. In RCA.No.4 of 2024, the petitioners have filed an application

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https://www.mhc.tn.gov.in/judis

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C.R.P.No.1504 of 2025

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under 11(4) of Tamil Nadu Building Lease and Rent Control Act, seeking for a direction to the respondent to pay the arrears of rent which amounts to Rs.2,46,000/- for the period between March 2011 and January 2025 (after deducting the advance amount of Rs.4500/-, whereas, the Appellate Court had returned the application on 18.02.2025 with an endorsement “Petitioners herein defeated in RCOP as dismissed then how this petition is maintainable? Hence returned.” Challenging the same, the present Civil Revision Petition has been filed.

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Learned counsel appearing for the petitioners submitted that the order of the appellate Court returning the petition without numbering the same is against law. He further submitted that the Rent Controller failed to take into consideration the jural relationship of the parties and despite the admission of the respondent that the place, where she is residing for rent is in the name of the first petitioner, had dismissed the petition. He also submitted that in Fore Noon, the appellate Court had directed the petitioner to give a copy to the other side and based on that, a copy was also served on the other side, however, subsequently, the petition has been returned as not maintainable. Therefore, he prayed to set aside the order of

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https://www.mhc.tn.gov.in/judis

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C.R.P.No.1504 of 2025

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return made in un-numbered I.A.No........of 2024 in RCA.No.4 of 2024.

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Heard the learned counsel appearing for the petitioner and perused the materials available on record. Since the revision petition is filed against the order of return, the notice to the respondent is dispensed with.

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On perusal of record, this Court finds that the petition has been returned without numbering when especially in the Fore Noon session, a direction was issued to serve copy on the other side. Therefore, this Court, without going into the merits of the case, inclined to allow the revision petition.

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Accordingly, this Civil Revision Petition stands allowed and the order of

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return made by the Rent Control Appellate Authority (Principal Sub-Judge), Salem, in unnumbered I.A.No........of 2024 in RCA.No.4 of 2024 on 18.02.2025 is hereby set aside and the learned Rent Control Appellate Authority (Principal SubJudge), Salem, is directed to number the application filed by the petitioners and pass orders on merits in accordance with law. No costs.

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15.04.2025

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Note : Registry is directed to return the original papers to the counsel for the petitioners forthwith after substituting the same with a xerox copy.

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Index:Yes/No Speaking/Non-speaking order

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https://www.mhc.tn.gov.in/judis

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C.R.P.No.1504 of 2025