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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBRAMANIAN, J.
S. Muruganandam & Others - Appellant
Versus
J. Joseph & Others - Respondent
Civil Revision Petition (NPD) Nos. 3056, 3061, 3062, 3063, 3067 & 3094 of 2021
Decided On : 25-01-2022
Constitution of India, 1950 - Transfer of Property Act, 1882 - Section 107 - Tamilnadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 - Section 2(a) and 21(2) - Tenancy Agreement – Order of Eviction - Requirement of New Act - Whether landlord could seek eviction of such a tenant under Section 21(2)(a) of New Act - Object of enactment is to establish a frame work for regulation of rent and to balance rights and responsibilities of landlords and tenants and to provide fast adjudication process for resolution of disputes, and matters connected therewith or incidental thereto - Held, Requirement of New Act that there should be a registered instrument of lease in order to enable creation of a landlord tenant relationship cannot be said to be universal in its application. No doubt Section 4 starts with a non obstante clause, but proviso to Section 34 requires Rent Court to have due regard to the provisions of Transfer of Property Act or any other substantive law applicable to tenancies - It is clear to my mind that in absence of a written agreement and tenancy having expired, landlords cannot invoke provisions of New Act, but they will have to resort to general law - Civil Revision Petition NPD allowed.
The document states that the jurisdiction of civil courts is limited in matters related to rent control and tenancy disputes. It emphasizes that civil courts are generally not permitted to entertain suits or proceedings that are covered by the provisions of the rent law, especially those concerning tenancy agreements, eviction, or property rights that fall within the scope of the rent courts (!) (!) .
However, it also clarifies that civil courts are not entirely prohibited from hearing cases that are outside the specific scope of the rent law or do not involve issues explicitly assigned to rent courts. For example, disputes over property ownership or title that are not governed by the rent law remain within the jurisdiction of civil courts (!) (!) .
In essence, civil courts are barred from adjudicating cases that are expressly within the jurisdiction of rent courts, but they retain authority over matters outside that jurisdiction, particularly those concerning property rights and ownership that are not specifically covered by the rent law.
JUDGMENT/ORDER :
Prayer: Civil Revision Petitions filed under Article 227 of the Constitution of India, in CRP 3056/2021: praying to set aside the order and decree dated 29.09.2021 passed in R.L.T.O.P. Sr. No.5061 of 2021 on the file of the X Court of Small Causes Chennai/Rent Court (FAC), and consequently direct the Rent Court to number the RLTOP and decide the same on merits.
in CRP 3061/2021: praying to set aside the order and decree dated 22.11.2021 passed in R.L.T.O.P. Sr. No.4470 of 2021 on the file of the X Court of Small Causes Chennai/Rent Court, and consequently direct the Rent Court to number the RLTOP and decide the same on merits.
in CRP 3062/2021: praying to set aside the order and decree dated 16.11.2021 passed in R.L.T.O.P. Sr. No.5697 of 2021 on the file of the X Court of Small Causes Chennai/Rent Court, and consequently direct the Rent Court to number the RLTOP and decide the same on merits.
in CRP 3063/2021: praying to set aside the order and decree dated 16.11.2021 passed in R.L.T.O.P. Sr. No.5766 of 2021 on the file of the X Court of Small Causes Chennai/Rent Court, and consequently direct the Rent Court to number the RLTOP and decide the same on merits.
in CRP 3067/2021: praying to set aside the order and decree dated 22.11.2021 passed in R.L.T.O.P. Sr. No.4471 of 2021 on the file of the X Court of Small Causes Chennai/Rent Court, and consequently direct the Rent Court to number the RLTOP and decide the same on merits.
in CRP 3094/2021: praying to set aside the order and decree dated 16.11.2021 passed in R.L.T.O.P. Sr. No.5241 of 2021 on the file of the X Court of Small Causes Chennai/Rent Court, and consequently direct the Rent Court to number the RLTOP and decide the same on merits.
1. Challenge in these Civil Revision Petitions is to the orders of the Rent Court passed in various Original Petitions filed under the Tamilnadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, hereinafter referred to as “the New Act” for the sake of brevity and convenience, rejecting the said original petitions on the ground of maintainability.
2. The only reason for rejection of these petitions even at the stage of numbering is the absence of a registered Tenancy Agreement, which according to the Rent Court, is mandatory for the purposes of invoking the jurisdiction of the Rent Court under the New Act. Before dealing with the individual cases, it will be advantages to refer to the object and the provisions of the New Act, which are germane for our purposes.
3. The object of the enactment is to establish a frame work for the regulation of rent and to balance the rights and responsibilities of landlords and tenants and to provide fast adjudication process for resolution of disputes, and matters connected therewith or incidental thereto.
Section 2(a) defines an “Agreement” or a “Tenancy Agreement” as follows:
Section 2(c) defines a “landlord” as follows:
Section 2 (c): “landlord” means a person, who for the time being is receiving, or is entitled to receive, the rent of any premises, on his own account, if the premises were let to a tenant, and shall include his successor-in-interest:
Provided that where a person is receiving rent for any premises is entitled to so receive, on account of, or on behalf of, or for the benefit of, any other person who cannot enter into a contract (such as minor, person with unsound mind, etc.), whether as a trustee, guardian or receiver, then, the said trustee, guardian or receiver shall also be a landlord for the purposes of this Act.
Section 2(n) defines a “tenant” as follows:
Section 2 (n): “tenant” means a person by whom or on whose account or behalf the rent of any premises is, or, but for a contract express or implied, would be payable for any premises and includes any
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