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2017 Supreme(SC) 188
SUPREME COURT OF INDIA
Kurian Joseph, A.M. Khanwilkar, JJ.
M. Thangavel – Appellants
Versus
R. Palani – Respondents
Civil Appeal Nos.2565-2566 of 2017 (@ SLP (C) Nos. 191-192 of 2015)
Decided On : 14-02-2017
For the Appellants : M.A. Krishna Moorthy, Adv.
For the Respondent: K. Rajendran, Pukhrambam Ramesh Kumar, Advs.
The court's decision emphasized the importance of considering all available grounds for eviction and allowing the landlord the liberty to file a fresh petition for eviction on any available grounds.
Headnote:
Eviction - Rent Control - Arrears of Rent - Bona Fide Requirement - The court allowed the appeal and disposed of the case by fixing the revised rent for the premises and granting the landlord the liberty to file a fresh petition for eviction on all available grounds.
Fact of the Case:
The appellant-tenant appealed against the order of eviction granted by the Rent Controller, Chennai, which was upheld by the Appellate Court and confirmed by the High Court. The landlord had claimed arrears of rent and bona fide requirement for own use.
Finding of the Court:
The court found that the petition was considered only on the ground of arrears of rent, and while the matter was pending before the Court, the use and occupation charges were fixed. Both parties agreed that the tenancy could be continued on revised terms if the landlord was granted the liberty to file a fresh petition for eviction on all available grounds.
Issues: The issues involved arrears of rent and the landlord's bona fide requirement for own use.
Ratio Decidendi: The court decided to dispose of the appeal by fixing the revised rent for the premises and granting the landlord the liberty to file a fresh petition for eviction on any available grounds, as neither the Rent Controller nor the Appellate Authority or the High Court had gone into other aspects.
Final Decision: The appeal was disposed of by fixing the rent for the premises and granting the landlord the liberty to institute fresh proceedings on any available grounds for possession of the premises under the Tamil Nadu Building (Lease & Rent Control) Act, 1960.
JUDGMENT
Kurian Joseph, J.
Leave granted.
2. The appellant-tenant is aggrieved by the order of eviction granted by the Rent Controller, Chennai. The said order has been upheld by the Appellate Court and confirmed by the High Court. The landlord had taken two grounds:
1) arrears of rent and,
2) bona fide requirement for own use.
3. It appears that the petition was considered only on the ground of arrears of rent since the landlord, according to the Rent Controller, the Appellate Authority and the High Court, was entitled to succeed on that ground. While the matter was pending before this Court, by order dated 16.01.2015, this Court fixed the use and occupation charges at the rate of Rs. 10,000/- with effect from 01.01.2015. The said amount is being paid ever since.
4. The counsel for both sides on instructions have fairly submitted that the tenancy can be continued on revised terms in case the landlord is granted the liberty to file a fresh petition for eviction on all grounds available now.
5. We see no reason to deny the request since admittedly neither the Rent Controller nor, for that matter, the Appellate Authority or the High Court has gone into other aspects.
6. Since the parties are agreed on the above course of action, the appeal is disposed of fixing the rent for the premises from the month of March, 2017 as Rs. 15,000/- per month which shall be paid before the 10th of every month to the landlord. The payment can be made by the appellant-tenant to the landlord through cheque or net banking. The landlord is also given the liberty to institute fresh proceedings on any of the available grounds for possession of the premises under the Tamil Nadu Building (Lease & Rent Control) Act, 1960.
7. The appeals are disposed of in the above terms.
