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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. Subramaniam, J.
M/s. Benze Vaccation Club, Represented by its Authorised Signatory/Chief Secretary, Present Authorised Signatory, Mr.Thananjayan - Petitioners
Versus
Mr. Dynshaw Fareed Italia and Anr. – Respondents
C.R.P. Nos.4230 to 4233, 3539, 3540 of 2022 and C.M.P. Nos.18843, 18844 of 2022
Decided On : 22-12-2022
Tamil Nadu Buildings Lease and Rent Control Act - Eviction - MP No.1 of 2022, RCA SR No.5686 of 2022, RCA SR No.5689 of 2022, RCA SR No.5688 of 2022, RCA SR No.5687 of 2022, Article 227 of the Constitution of India - Section 25 of Tamil Nadu Buildings Lease and Rent Control Act
Fact of the Case:
The revision petitioner, a tenant, filed Rent Control Appeal challenging the order of eviction. The Rent Control Court ordered eviction against the petitioner, who filed Rent Control Appeal with a delay of 95 days. The respondent-landlord filed execution proceedings for possession, and police protection was ordered. The Rent Appellate Court allowed the appeal on certain conditions, which the petitioner challenged.
Finding of the Court:
The Court found that the petitioner failed to comply with the conditions imposed by the Rent Appellate Court, and attempted to prolong the eviction process through legal maneuvers. The Court concluded that the petitioner had no acceptable reason for the Civil Revision Petitions and dismissed them, allowing the landlord to take possession of the property.
Issues: Delay in filing Rent Control Appeal, compliance with conditions imposed by Rent Appellate Court, tenant's right to continue in the absence of a Rental Agreement, abuse of legal process by the tenant.
Ratio Decidendi: The tenant's right to continue in the absence of a Rental Agreement is limited, and the landlord's property right is to be protected. The Court emphasized the need to balance the constitutional property rights of both parties and prevent abuse of legal process by tenants.
Final Decision: CRP Nos.4230, 4231, 4232, 4233, 3539 and 3540 of 2022 are dismissed, allowing the landlord to take possession of the property. The connected miscellaneous petitions are also dismissed.
ORDER :
1. CRP 4230 of 2022 is filed under Section 25 of Tamil Nadu Buildings Lease and Rent Control Act, against the conditional order passed in MP No.1 of 2022 in RCA SR No.5686 of 2022 dated 01.11.2022 on the file of the learned VII Judge, Small Causes Court, Chennai.
2. CRP 4231 of 2022 is filed under Section 25 of Tamil Nadu Buildings Lease and Rent Control Act, against the conditional order passed in MP No.1 of 2022 in RCA SR No.5689 of 2022 dated 01.11.2022 on the file of the learned VII Judge, Small Causes Court, Chennai.
3. CRP 4232 of 2022 is filed under Section 25 of Tamil Nadu Buildings Lease and Rent Control Act, against the conditional order passed in MP No.1 of 2022 in RCA SR No.5688 of 2022 dated 01.11.2022 on the file of the learned VII Judge, Small Causes Court, Chennai.
4. CRP 4233 of 2022 is filed under Section 25 of Tamil Nadu Buildings Lease and Rent Control Act, against the conditional order passed in MP No.1 of 2022 in RCA SR No.5687 of 2022 dated 01.11.2022 on the file of the learned VII Judge, Small Causes Court, Chennai.
5. CRP 3539 of 2022 is filed under Article 227 of the Constitution of India, against the conditional order passed in MP No.1 of 2022 in RCA SR No.5687 of 2022 dated 30.09.2022 on the file of the learned VII Judge, Small Causes Court, Chennai.
6. CRP 3540 of 2022 is filed under Article 227 of the Constitution of India, against the conditional order passed in MP No.1 of 2022 in RCA SR No.5688 of 2022 dated 30.09.2022 on the file of the learned VII Judge, Small Causes Court, Chennai.
7. The revision petitioner, who is the tenant, filed Rent Control Appeal challenging the order of eviction passed by the Rent Control Court in RCOP Nos.1480 and 1481 of 2018.
8. The Rent Control Court has passed an order of eviction against the revision petitioner, who in turn filed Rent Control Appeal with the delay of 95 days for condoning the delay in preferring an appeal.
9. In the meanwhile, the respondent-landlord filed execution proceedings in EP Nos.639 and 640 of 2022 and delivery was ordered by the Execution Court and when the bailiff went for taking possession and to handover delivery to the respondent-landlord, there was an objection by the revision petitioner.
10. The respondents have already filed petition for police protection and that also has been ordered. Therefore, the respondent-landlord claims that he is entitled for the implementation of the order of delivery with the assistance of the police protection already ordered by the Execution Court.
11. The miscellaneous petition filed by the revision petitioner-tenant to condone the delay of 95 days in preferring an appeal was also considered by the Rent Appellate Court and an order was passed on 30.09.2022, allowing the miscellaneous petition on certain conditions as under:-
(ii) The petitioner shall deposit the remaining 50% of the amount filed by the learned rent controller (i.e.,) a sum of Rs.48,55,419/- on or before 31.10.2022 to the credit of RCOP No.1480 of 2018 on the file of XI Judge, Court of Small Causes, Chennai.
(iii) The petitioner shall continue to deposit the monthly rent to the credit of RCOP on or before the 5th day of every succeeding calendar month.
(iv) Subject to payment of the abovesaid amount as stipulated above, this petition shall stand allowed.
(v) In case of non compliance of any of the conditions in this order at any stage, the petition will automatically stand dismissed without any further reference of this Court.
Call on 17.10.2022.”
12. The revision petitioner challenging the conditions imposed in order dated 30.09.2022 filed CRP Nos.3539 and 3540 of 2022 and this Court passed an interim order on 04.11.2022 granting interim stay on condition that the petitioner shall de
The Rent Control Appellate Authority has the power to impose a condition for the deposit of entire arrears as a condition for grant of stay, as interpreted from Section 23(1) of the Tamil Nadu Buildi....
The court emphasized the importance of consistent statements and timely proceedings in rent control cases, and recognized the landlords' genuine need for additional accommodation.
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