The Rent Court and Rent Tribunal must ensure speedy disposal of applications under the Act, and parties must comply with court orders to avoid prolonging proceedings.

ORDER :

These Civil Revision Petitions are filed against the common fair and decretal order respectively dated 11.04.2022 and 11.04.2022 passed in MP Nos.3 and 4 of 2021 in MP Nos.2 and 2 of 2021 in RLTOP No.96 of 2020 and to set aside the fair order and decretal order respectively dated 11.04.2022, 11.04.2022 and 13.12.2021 made in MP Nos.4 and 3 of 2021 in MP Nos.2 and 2 of 2021 in RLTOP No.97 of 2020 and to set aside the fair and decretal order passed in MP No.2 of 2021 in RLTOP No.97 of 2020 on the file of the X Small Causes Court at Chennai.

2. The revision petitioners are the tenants and the respondents instituted eviction proceedings under the provisions of the New Act, i.e., Tamil Nadu Regulation and Rights and Responsibilities of Landlords and Tenants Act, 2017 (Tamil Nadu Act No.42 of 2017) [hereinafter referred to as the ‘Act’, in short].

3. The Rent Court adjudicated and passed an order on 21.11.2020 in two RLTOP Nos.96 and 97 of 2020 on the file of the X Small Causes Court at Chennai and directed the revision petitioners/tenants to vacate and hand over possession to the respondent-landlord, within a period of one month. Challenging the order passed by the Rent Court, the revision petitioners filed appeals in RLTA Nos.66 and 67 of 2022. The RLTAs were posted for arguments on 07.11.2022 and after hearing the arguments, the appeals were posted for orders on 28.11.2022. At that juncture, the revision petitioners moved these civil revision petitions before this Court and filed a memo and due to the pendency of these civil revision petitions before this Court, the appeals have not been disposed of.

4. The revision petitioners filed miscellaneous petitions before the First Appellate Court to set aside the orders passed in RLTOP by the Rent Court. The said miscellaneous petitions were adjudicated and the set aside petitions were allowed on condition to pay the cost. However, the cost amount awarded by the Rent Court was not paid by the revision petitioners and consequently, the miscellaneous petitions were dismissed.

5. The revision petitioners filed the appeals before the First Appellate Court in RLTA Nos.66 and 67 of 2022. The said appeals were progressed and during the final stage of the appeal proceedings, the present Civil Revision Petitions are filed before this Court on 17.10.2022.

6. The learned counsel appearing on behalf of the revision petitioner mainly contended that the Trial Court failed to take note of the order passed by the Hon’ble Supreme Court of India dispensing with the period of limitation during the Covid 19 pandemic period and therefore, the Trial Court ought not to have dismissed the miscellaneous petitions merely on the ground that the revision petitioners had not paid the cost. It is further contended that the appeals were filed and the order being grossly in violation of the principles of natural justice and the revision petitioners denied reasonable opportunity to defend their case before the Trial Court. These civil revision petitions are filed for the purpose of defending the case before the Trial Court. Thus the revision petitions now filed under Article 227 of the Constitution of India are to be considered.

7. The learned counsel for the respondents objected the contentions raised on behalf of the revision petitioners by stating that once the appeal is preferred against the orders passed by the Rent Court, the civil revision petitions now filed are to prolong and protract the appeal proceedings and therefore, the civil revision petitions are to be rejected.

8. The learned counsel for the petitioners reiterated that the respondents have deprived of their monthly rent from June 2022 onwards and the arrears of rent is yet to be settled by the revision petitioners. That apart, the learned counsel for the respondent furnished the copy of the E-Court proceedings to establish that the RLTA proceedings are posted for arguments on 26.09.2022 and on 07.11.2022 and thereafter, it is listed for passing orders