Dismissed¶38

V.Chandramohan v. a.Saroja Ammal

Madras HC24 Feb 2025CRP(MD)/2514/2022

Case brief

AI extract

What is this about?

Willful default; lump sum rent deposits not monthly; Tamil Nadu Buildings (Lease and Rent Control) Act 1960 S.25 revision; S.8 rent deposit petition R.C.O.P.No.2 of 2016; concurrent findings of Rent Controller and Rent Control Appellate Authority, Pattukottai; default period January 2017 to October 2018 (20 months); eviction upheld; time till 31.08.2025 to vacate power tools shop; C.R.P(NPD)(MD)No.2514 of 2022; Madurai Bench of Madras High Court; R. Vijayakumar J.; decision dated 24.02.2025.

What did the court decide?

Revision petition dismissed; tenant granted time till 31.08.2025 to vacate and hand over vacant possession to the landlord; no order as to costs; connected Miscellaneous Petition (C.M.P(MD) No.12354 of 2022) closed. ¶38

V.Chandramohan Vs a.Saroja Ammal — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the concurrent findings of the Rent Controller and the Rent Control Appellate Authority that the tenant committed willful default warrant interference by this Court in the civil revision petition. +1 more

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Court's answer

The Rent Controller and the appellate authority found that the tenant habitually remitted rent in lump sum/arrears in R.C.O.P.No.2 of 2016 and did not deposit it every month; on that concurrent finding of willful default, this Court held there is no ground to interfere with the order of eviction.

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Ratio / Principle

The Civil Revision Petition stands dismissed, granting time till 31.08.2025 to vacate the premises, with no order as to costs, and the connected Miscellaneous Petition stands closed.

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Key takeaways

Considering that the premises house a power tools shop, the Court granted the tenant time till 31.08.2025 to vacate and hand over vacant possession to the landlord.ratio¶34

Detailed headnote1 paragraphs

Civil Revision Petition under S.25 of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960 dismissed by the Madurai Bench of the Madras High Court (R. Vijayakumar J.). The landlord's eviction petition (R.C.O.P.No.5 of 2018) succeeded before the Rent Controller only on the ground of willful default for the period January 2017 to October 2018; the Rent Control Appellate Authority/Sub Court, Pattukottai concurred and dismissed the tenant's appeal (R.C.A.No.2 of 2021). Rejecting the tenant's plea that he regularly remitted monthly rent to the credit of his own rent-deposit petition R.C.O.P.No.2 of 2016, the Court noted the concurrent finding that the tenant habitually remitted rent in lump sum/arrears and not month by month, and declined to interfere with the order of eviction. Considering that the tenant ran a power tools shop on the premises, time till 31.08.2025 was granted to vacate and hand over vacant possession; no order as to costs; connected Miscellaneous Petition closed.

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C.R..P.(NPD)(MD).No.2514 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 24.02.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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C.R.P(NPD)(MD)No.2514 of 2022 and C.M.P(MD) No.12354 of 2022

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V.Chandramohan ... Petitioner/Appellant

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/Tenant

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Vs.

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A.Saroja Ammal ... Respondent/ Respondent/ Landlord

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PRAYER: Civil Revision Petition filed under Section 25 of Tamil Nadu Buildings (Lease and Rent Control) Act 1960, against the judgment and decree passed in R.C.A.No.2 of 2021, dated 27.09.2021 on the file of the Rent Control Appellate Authority/Sub Court, Pattukottai confirming the judgment and decree passed in R.C.O.P.No.5 of 2018, dated 05.08.2021 on the file of Rent Controller/District Munsif Court, Pattukottai.

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For Petitioner : Mr.N.Balakrishnan

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For Respondent : Mr.S.Deenadhayalan

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

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C.R..P.(NPD)(MD).No.2514 of 2022

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O R D E R

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The respondent/tenant in R.C.O.P.No.5 of 2018 on the file of the Rent Controller/ District Munsif Court, Pattukkottai, is the revision petitioner herein.

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2. The respondent/landlord has filed the above said Rent Control Petition for evicting the tenant on the ground of willful default, owner's occupation and demolition for reconstruction. The Rent Controller had allowed the eviction petition only on the ground of willful default and rejected the other grounds. Challenging the same, the tenant had filed R.C.A.No.2 of 2021 before the Rent Control Appellate Authority/Sub – Court, Pattukkottai, who had concurred with the findings of the Rent Controller and dismissed the appeal. Challenging the concurrent findings, the present Civil Revision Petition has been filed.

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3. According to the learned counsel appearing for the revision petitioner, the landlord had refused to receive the rent in the year 2016 and therefore, the tenant was constrained to file R.C.O.P.No.2 of 2016 under

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

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C.R..P.(NPD)(MD).No.2514 of 2022

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Section 8 of Tamil Nadu Buildings (Lease & Rent Control) Act. The tenant

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has been regularly remitting the monthly rent to the credit of the said R.C.O.P. Therefore, the contentions of the landlord that the tenant has committed willful default is not legally sustainable.

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4. On the other hand, the learned counsel appearing for the landlord had contended that the eviction petition was filed for willful default covering the period between January 2017 and October 2018. The Rent Controller as well as the appellate authority have found that the tenant had been depositing the rent before the Rent Controller in R.C.O.P.No.2 of 2016 in lump sum and arrears. Therefore, the Courts below have rightly arrived at a finding that the tenant has committed willful default. Hence, he prayed for sustaining the order of eviction.

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5. Heard both sides and perused the records.

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6. A perusal of the eviction petition reveals that the landlord had contended that the tenant has committed willful default for a period of 20 months covering from January 2017 to October 2018. The only defence of the

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

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C.R..P.(NPD)(MD).No.2514 of 2022

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tenant is that he had been regularly remitting the monthly rent in R.C.O.P.No.

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2 of 2016, which was instituted by him for depositing the rent. The Rent Controller as well as the appellate authority have arrived at a finding that the tenant had habitually remitted the rent in lump sum and the rent has not been deposited every month. The Courts below have arrived at a concurrent finding that the tenant has committed willful default. In such circumstances, this Court is of the considered opinion that there is no ground to interfere in the order of eviction passed by the Courts below.

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7. The learned counsel appearing for the revision petitioner submitted that the tenant is running a commercial establishment in the petitioner's premises and he requires time to vacate the same. Considering the fact that it is a power tools shop, this Court is inclined to grant time till 31.08.2025 to vacate and hand over vacant possession to the landlord.

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

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C.R..P.(NPD)(MD).No.2514 of 2022

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8. In view of the above said deliberations, this Civil Revision Petition stands dismissed granting time till 31.08.2025 to vacate the premises. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

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24.02.2025

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NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi

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1. The Rent Control Appellate Authority/Sub Court, Pattukottai.

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2. The Rent Controller/District Munsif Court, Pattukottai.

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