The need for speedy disposal of applications under the New Act to avoid prolonging the litigation.

ORDER :

1. The Civil Revision Petition is filed against the Fair order and decreetal order dated 13.12.2021 in M.P. No. 2 of 2021 in RLTOP No. 96 of 2020 passed by the X Small Causes Court, Chennai.

2. The revision petitioner is the tenant and the respondents instituted eviction proceedings under the provisions of the New Act, i.e. The 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 RLTOP No. 96 of 2020 on the file of the X Small Causes Court at Chennai and directed the revision petitioner/tenant 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 petitioner filed appeal in RLTA No. 67 of 2022. The RLTA was posted for arguments on 07.11.2022 and after hearing the arguments, the appeal was posted for orders on 28.11.2022. At that juncture, the revision petitioner moved the civil revision petition before this Court and filed a memo and due to the pendency of the civil revision petition before this Court, the appeal has not been disposed of.

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

5. The revision petitioner filed the appeal before the First Appellate Court in RLTA No. 67 of 2022. The said appeal was progressed and during the final stage of the appeal proceedings, the present Civil Revision Petition is 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 petition merely on the ground that the revision petitioner had not paid the cost. It is further contended that the appeal was filed and the order being grossly in violation of the principles of natural justice and the revision petitioner denied reasonable opportunity to defend her case before the Trial Court. These civil revision petition is filed for the purpose of defending the case before the Trial Court. Thus the revision petition now filed under Article 227 of the Constitution of India is to be considered.

7. The similar issue in CRP Nos. 3475, 3477 to 3480 of 2022 dated 09.12.2022, 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 respondents reiterated that the petitioner has not paid the monthly rent from June 2022 onwards and the arrears of rent is yet to be settled by the revision petitioners.

9. That apart, in CRP Nos. 3475, 3477 to 3480 of 2022 dated 09.12.2022, 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 was listed for passing orders on 28.11.2022 and the civil revision petitions were filed before this Court on 17.10.2022, one month prior to the listing of the case by the First Appellate Court for passing orders. Thus the idea of the revision petitioner is to increase the longevity of the litigation for unjust gains and th