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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.V. Muralidaran, J.
B. Venkatesh – Appellant
Vs.
Nagarajan and Ors. – Respondents
C.R.P. (MD) (PD) Nos. 1351 to 1354 of 2018
Decided On : 12-07-2018
Constitution of India, 1950 - Article 227 - Tamilnadu Buildings Act, 1960 - Section 10 - Tamilnadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 - Section 2 - Old Rent Control Act - Sections 10 - New Rent Control Act - Section 1 - Rent Control - Learned counsel for revision petitioner would submit that revision petitioner/landlord has filed four separate RCOP - Among four cases he sought for Eviction as against three tenants on ground of own use and occupation - In one case revision petitioner filed eviction on ground of willful default and own use and occupation - All rent control original petitions were returned by learned Rent Controller by impugned docket order by holding that in view of enactment rent control tribunal court has no jurisdiction to try cases under old rent control act - Hence these civil revision petitions have been filed questioning aforesaid return - According to learned counsel for revision petitioner said new rent control act has not been notified and has not come into force - However learned Rent Controller without applying his mind and without ascertained fact that said Act has not been notified has made return as if said Act has already been notified and therefore Court has no jurisdiction to try case - Held, Therefore learned counsel would submit by giving emphasis to stating that new act shall come into force in such date as Government may by notification appoint and different dates may be appointed for different profession of this act - As per aforesaid Government has not been notified same and therefore learned counsel would precisely state that Act has not come into force as on today - Hence learned Rent Controller is having jurisdiction to try cases filed under old Rent Control Act and learned Rent Controller ought to have numbered RCOPs filed by revision petitioner but it was returned without even knowing correct position of law as on today - Hence he sought for a direction before this Court to number RCOPs - This Court has carefully considered submissions made by learned counsel for revision petitioner and also perused Judgment of this Court reported - From this Court would able to see that though Government has enacted new rent control act and same was also published it has not been notified by Government as on today for want of framing rules - This Court also clarified position as to whether new rent control act has come into force or not from Learned Additional Advocate General who assisted this Court in letter and spirit and reported that Government has not yet notified new rent control act as on today - Order Accordingly.
M.V. Muralidaran, J.
1. In all these Civil Revision Petitions, the Landlord is one and the same and he is the revision petitioner, challenging the order of the Learned Rent Controller/District Munsif, Ramanathapuram returning the Rent Control Original Petitions on the ground saying that in view of the enactment of new Rent Control Act namely "The Tamilnadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamilnadu Act 42/2017)" came in to force on 04.08.2017, the Rent Control Tribunal has no jurisdiction to try the cases.
2. The Learned Counsel for the Revision Petitioner would submit that the Revision Petitioner/Landlord has filed four separate R.C.O.P. Among the four cases, he sought for Eviction as against three tenants on the ground of own use and occupation under Section 10(3)(a)(iii) of the Tamilnadu Buildings (Lease and Rent Control) Act, (Act 18 of 1960). In one case (in the case of tenant Nagarajan) the Revision petitioner filed Eviction on the ground of willful default and own use and occupation under Sections 10(2)(i) and 10(3)(a)(iii) of the Old Rent Control Act.
3. All the above Rent Control original Petitions were returned by the learned Rent Controller by the impugned docket order dated 27.06.2018 by holding that in view of the enactment of "The Tamilnadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamilnadu Act 42/2017), the Rent Control Tribunal Court has no jurisdiction to try the cases under the old Rent Control Act. Hence, these Civil Revision Petitions have been filed under Article 227 of the Constitution of India questioning the aforesaid return.
4. According to the learned counsel for the revision petitioner, the above said new Rent Control Act has not been notified and has not come into force. However, the learned Rent Controller without applying his mind and without ascertained the fact that the said Act has not been notified, has made the above "RETURN" as if the said Act has already been notified on 04.08.2017 and therefore the Court below has no jurisdiction to try the case.
5. In this regard the learned counsel for the Revision Petitioner would draw the attention of this Court to the Judgment of our High Court reported in 2017 (5) L.W. 860, wherein it is held as follows:
"5. Thereafter, it was brought to my notice that the new Rent Control Act was tabled by the Tamil Nadu Legislative Assembly as Bill No. 38 of 2017, assent of the Government received was on 04.08.2017 and even published in the Tamil Nadu Government Gazette on 07.08.2017, but there is some doubt about whether it has been brought into force by notification as adumbrated/mandated in Sub-section (3) of Section 1 of the New Rent Control Act. Though sub-section (3) is most relevant, I deem it appropriate to extract entire Section (1) of the new Rent Control Act, which reads as follows:
"1. Short title, extent and commencement.- (1) This Act may be called the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017.
(2) It shall extent to all urban areas of the State of Tamil Nadu.
(3) It shall come into force on such date as the Government may, by notification, appoint and different dates may be appointed for different provisions of this Act:
Provided that the Government may, by notification exclude any area or units or class of buildings from the operation of this Act or any provision thereof."
6. Therefore, by order dated 31.10.2017 (extended by order dated 07.11.2017), I kept the order in the aforesaid writ petition i.e., in W.P. No. 7012 of 2005 in abeyance and requested the learned Government Pleader to ascertain the exact position regarding coming into force of the New Rent Control Act and place the same before the Court by way of an affidavit from the concerned Secretary to the Government.
7. Pursuant to my aforesaid request/direction, learned Government Pleader, has, today filed an affidavit dated 10.11.2017 sworn to by the Principal Secretary
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