SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Mad) 796

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V.M. VELUMANI, J.
S. Ramakrishnan - Petitioner
Vs.
Nagoor Meeral - Respondent
CRP (PD) (MD) No. 1306 of 2015 and M.P. (MD) Nos. 2 and 3 of 2015
Decided On : 21-04-2016

Advocates:
Advocate Appeared:
For the Petitioner: Mr. H. Arumugam
For the Respondent: Mr. G. Karnan

Headnote:

Tamil Nadu Buildings (Lease and Rent Control) Act,1960 - Section 8(5) - Rent sent by Money Order - Fair and decrial order – Tenant- Rent Controller - Petition premises is non residential building which originally belonged to husband of respondent - Petitioner and respondents husband entered into rental agreement on - Petitioner became a tenant on monthly rent of amount - As per agreement petitioner must pay monthly rent on or before of every month and after expiry of years must vacate and deliver vacant possession - Respondents husband settled petition premises on the respondent - Petitioner attorned tenancy in favor of respondent - Petitioner defaulted in payment of monthly rent and failed vacate and deliver vacant possession after expiry of years - Petitioner damaged flooring of petition premises -Held, Petitioner as well as respondent let in evidence with regard to claim of owners occupation petitioner has alleged that respondent owns another vacant site next to her house which is more suitable to business of son and daughter of respondent rather than petition premises - It is well settled that quoting wrong provision of law or not quoting provisions of law or not furnishing details of claim in rent control proceedings will not be fatal to claim of petitioner - Judgments relied on by counsel for petitioner do not advance case of petitioner - On other hand Judgments relied on by learned counsel for respondent are squarely applicable to facts of present case - Civil Revision Petition is dismissed

ORDER :

The Civil Revision Petitions are filed against the fair and decreetal order passed in R.C.A. No. 4 of 2012 dated 12.06.2015 on the file of Rent Control Appellate Tribunal (Sub Court), Ambasamudram confirming the fair and decreetal order passed in RCOP No. 3 of 2008 dated 25.06.2012 on the file of the Rent Controller (Principal District Munsif), Ambasamudrram.

2. The revision petitioner is respondent/tenant in RCOP No. 3 of 2008. The respondent is landlord, petitioner in the said RCOP. The respondent filed RCOP for eviction of petitioner from the petition premises, on the grounds of wilful default and owner's occupation.

3. The petition premises is non residential building which originally belonged to husband of respondent. The petitioner and respondent's husband entered into rental agreement on 06.02.1996. The petitioner became a tenant on monthly rent of Rs.200/-. As per the agreement, the petitioner must pay monthly rent, on or before 5th of every month and after expiry of 10 years, must vacate and deliver vacant possession. The respondent's husband settled the petition premises on the respondent. The petitioner attorned the tenancy in favour of the respondent. The petitioner defaulted in payment of monthly rent and failed vacate and deliver vacant possession, after expiry of 10 years. The petitioner damaged the flooring of the petition premises. The respondent required the petition premises for owner's occupation for the tailoring business of her son and daughter. The respondent filed RCOP No. 3 of 2008 for eviction of petitioner.

4. The petitioner filed counter statement and contended that he became a tenant under respondent's husband on amonthly rent of Rs.200/-. The rent was periodically increased and during December 2007, the monthly rent was Rs.350/-. From January 2008, the monthly rent was increased to Rs.375/-. The petitioner has paid Rs. 7,000/- as advance and spent Rs.1,00,000/- to install machineries for his flour business and obtained Three Phase Electricity connection. The respondent threatened to evict the petitioner with the help of Goondas. The petitioner filed O.S. No. 32 of 2008 for injunction restraining the respondent from interfering with his possession.

5. The respondent refused to receive the monthly rent sent by Money Order and failed to give her Bank account. The petitioner filed RCOP No. 2 of 2008, under Section 8(5) of Tamil Nadu Buildings (Lease and Rent Control) Act 1960, for permission to deposit the rent. As per the orders of the Court, he is depositing the rent. The petitioner has not damaged the flooring of the petition premises. The allegation that respondent requires the premises for owner's occupation is not bonafide. She has not stated so in the petition. Next to the respondent house, there is a vacant site belonging to the respondent which she can use for business purposes.

6. The learned Rent Controller framed necessary points for consideration.

7. The respondent was examined as PW.1 and marked and marked 17 documents as Ex.P1 to Ex.P17. The petitioner was examined as RW.1 and marked 3 documents as Ex.R1 to R3.

8. The learned Rent Controller considering the pleadings, evidence and arguments held that petitioner did not commit any default and did not damage the petition premises and that claim of the respondent for owner's occupation is bonafide and allowed RCOP No. 3 of 2008, ordering eviction of petitioner.

9. The petitioner filed RCA No. 4 of 2012, against order of eviction, dated 25.06.2012 made in RCOP No. 3 of 2008. The learned Appellate Judge, after framing the points for consideration dismissed the RCA, after considering all the materials on record, the Judgments relied on and arguments of the learned counsel for the parties.

10. Against the order dated 12.06.2015 made in RCA No. 4 of 2012 confirming the order dated 25.06.2012 made in RCOP No. 3 of 2008, the present Civil Revision Petition is filed.

11. The learned counsel for the petitioner contended that :-

(i) The Courts below fa















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top