IN THE HIGH COURT OF JUDICATURE AT MADRAS
C. SARAVANAN, J.
High Court Durai - Petitioner
Versus
Anbuleela - Respondent
C.R.P.(NPD).No. 1167 of 2014 & M.P.No. 1 of 2014
Decided On : 18-06-2019
Tamil Nadu Buildings (Lease and Rent Control) Act,1960 – Section 25 and 10(2) - Indian Evidence Act – Section 90,91 and 92 - Transfer of Property Act,1882 - Section 108(o) - Present Civil Revision Petition is directed against order passed by VII Court of Small Causes (Rent Control Appellate Authority), confirming order passed by XIII Court of Small Causes (Rent Controller) - Respondent/Landlady in present case had rented out shop to Petitioner/Tenant for carrying on hardware business - During interregnum the petitioner had also changed nature of business by dealing in furniture and vessel business - Later which Petitioner/ Tenant made few changes and started a fancy store - An eviction petition was filed by Landlady/Respondent against Petitioner/Tenant before Rent Controller in R.C.O.P.No.2125 for use of rented premises for other purpose, nuisance and owner’s accommodation – Held, In court view, Ex.P11 did not govern parties - Parties were governed by oral rental agreements - There is also no evidence to show that there were restrictions under oral rental agreements - Therefore, basis of impugned order of Rent Controller and Rent Control Appellate Court giving undue importance to restrictive clause in Ex.P11 agreement dated 01.08.1991 deserves to be interfered - Though, respondent had claimed and let in evidence to show that her son was proposing to start DTP centre and completed his Graduation and was pursuing M.C.A at Open University and doing business Rent Controller had rejected plea -No cross appeal was filed by respondent/landlady - Therefore issue relating to nuisance and own accommodation under Section 10(3) (a) (iii) cannot be considered now in present Civil Revision Petition filed by petitioner/tenant - At same time, observation contained will not prejudice respondent/landlady for initiating appropriate proceedings for evicting petitioner under provision of newly introduced Tamilnadu Regulation of Rights and Responsibilities of Landlords and Tenants Act - Consequently, present Civil Revision Petition is allowed - Consequently connected Miscellaneous Petition is closed.
(Prayer: Civil Revision petition is filed under Section 25 of Tamilnadu Buildings (Lease and Rent Control) Act,1960 to set aside the order passed in R.C.A.No.256 of 2006 dated 26.09.2013 by the Hon'ble Judge, VIIth Small Causes Court, Chennai confirming the order passed in R.C.O.P.No.2125 of 2004 dated 29.12.2005 by the Hon'ble XIII Judge, Small Causes Court, Chennai.)
1. The present Civil Revision Petition is directed against the order passed by the VII Court of Small Causes (Rent Control Appellate Authority), Chennai in R.C.A.No.256 of 2006 dated 26.09.2013, confirming the order passed by the XIII Court of Small Causes (Rent Controller), Chennai in R.C.O.P.No.2125 of 2004 dated 29.12.2005.
2. The Respondent/Landlady in the present case had rented out shop No.1 and 2 located at Old No.15, New No.23, and 15th main road TANSI Nagar, Velachery 600042 to the Petitioner/Tenant for carrying on hardware business in the name “Durai Agencies”. During the interregnum in 1999 the petitioner had also changed the nature of business by dealing in furniture and vessel business under the name and style of Durai & Co. Later which the Petitioner/ Tenant made few changes and started a fancy store by the name “Arasan Fancy Stores”.
3. An eviction petition was filed by the Landlady/Respondent against the Petitioner/Tenant before the Rent Controller in R.C.O.P.No.2125 of 2004 for use of the rented premises for other purpose, nuisance and owner’s accommodation under Section 10(2) (ii) (b), 10(2) (v) and 10(3) (a) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 respectively.
4. The parties have been in dispute since 1996. The petitioner also appears to have taken on sublease of Shop No.3 which was leased to one Zion by respondent’s husband where the petitioner allegedly carried on vegetable business under the name of Sudha Vegetables.
5. Details of proceedings before the Rent Controller are as follows:-
Case No
Parties and grounds
R.C.O.P.No.2353 of 1996
Filed by the petitioner for deposition of rent.
R.C.O.P.No.2354 of 1996
Filed by Mr.Zion for deposition of rent of Shop No.3
R.C.O.P.No.230 of 1999
Against the petitioner for fixation of fair rent.
R.C.O.P.No.231 of 1999
Against Mr.Zion for fixation of fair rent of Shop No.3
R.C.A.No.976 of 2002
Against the order in R.C.O.P.No.230 of 1999, which is pending.
R.C.O.P.No.263 of 1997
-
R.C.O.P.No.262 of 1997
-
6. During the proceeding before the Rent Controller in R.C.O.P.No.2125 of 2004 both the parties were heard and eviction was ordered by against the Petitioner/Tenant.
7. Against the order of the Rent Controller, the Petitioner preferred an appeal in R.C.A.No.256 of 2006 before the Rent Controller Appellate court. To substantiate the same, the petitioner filed M.P.No.354 of 2013 to mark the deposition of the petitioner in R.C.O.P.No.263 of 1997 and R.C.O.P.No.230 of 1999 to show the existence of the aforesaid rental agreements signed in the year 1991 and thereafter for the 2nd time in 1993. These documents were also marked as Exhibits R7 and R8. The petitioner relied on the deposition in R.C.O.P.No.263 of 1997 and R.C.O.P.No.230 of 1999 to show the existence of the aforesaid rental agreements signed in the year 1991 and thereafter for the 2nd time pursuant to order passed in M.P. Though, the certified copies of the depositions were also marked as Exhibits R7 and R8 before the Rent Control Appellate Court, copies of agreements have not been filed.
8. The Rent Controller Appellate Court after discussions and consideration confirmed the decision rendered by the Rent Controller and dismissed the appeal.
9. Aggrieved by the same the Petitioner/Tenant has filed the present Civil Revision Petition.
10. The issue arises consideration is whether interference is warranted in the present Civil Revision Peti
Ammasai Gounder vs Lakshmiamma (1996) 1 MLJ 231
Gangamma and others vs Shivalingaiah reported in 2005 (9) SCC 359
Gurdial Batra vs Rajkumar Jain (1989) 3 SCC 441
Gulzar Ali vs State of Himachal Pradesh in 1998 (2) SCC 192
Harirao vs N.Govindhachari and others AIR 2005 SC 3389
Lalit Popli vs Canara Bank and others
M.K. Palaniappa Chettiar vs A. Pennuswamipilla (1970) 2 SCC 290
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.