The court clarified the applicability of Section 47(2) of the new Act and emphasized that a new petition filed under the new Act on a different ground is maintainable.

JUDGMENT

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and decretal order dated 14.02.2022 passed in MP.No.1 of 2021 in RLTOP.No.7 of 2020 on the file of learned XVI Judge, Court of Small Causes Court, Chennai.)

1. This civil revision petition has been preferred challenging the order of the Rent Controller (XVI Judge, Small Causes Court), Chennai, dated 14.02.2022 made in MP.No.1 of 2021 in RLTOP.No.7 of 2020.

2. The revision petitioner herein and the 7th respondent herein are husband and wife and are tenants, against whom, respondents 1 to 6 have filed eviction proceedings in RLTOP.No.07 of 2020. During the pendency of the said proceedings, the petitioner herein filed a petition in MP.No.1 of 2021 under Section 47(2) of the Tamilnadu Regulation of Rights and Responsibilities of Landlords and Tenants Act,2017 by raising maintainability point and prayed to dismiss the eviction petition as not maintainable. The said petition was dismissed by the impugned order. Aggrieved over that, the revision petition has been preferred.

3. Heard the learned counsel for the petitioner and the learned counsel for respondents 1 to 6 and also perused the materials available on record.

4. The learned counsel for the civil revision petitioner submitted that before filing the present petition for eviction, respondents 1 to 6 filed an eviction petition in RCOP.No.286 of 2018 under the Old Act namely the Tamilnadu Buildings (Lease and Rent Control ) Act, 1960 on the ground of wilful default; the said petition was dismissed for default on 05.09.2019; the New Act namely the Tamilnadu Regulation of Rights and Responsibilities of Landlords and Tenants Act,2017 came into effect from 22.02.2019; as per Section 47(2) of the New Act, the time limit fixed for the landlords to switch over to the New Act would expire on 17.11.2019; even within the said time, respondents 1 to 6 did not express their option to shift the coverage from the Old Act to the New Act; having failed to do so, the landlords have filed the present eviction petition in RLOTP.No.7 of 2020 and the same is not maintainable and should be dismissed.

5. Per contra, the learned counsel for respondents 1 to 6 submitted that the old eviction petition in RCOP.No.286 of 2018 was filed on the ground of wilful default; after the said petition was dismissed for default, respondents 1 to 6 did not prefer to restore the same; instead, they had filed the present petition for eviction on the ground of failure on the part of the tenants to enter into the written tenancy agreement as per Section 21(2)(a) of The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act 2017; since there is no petition pending during the relevant point of time, the question of switching over will not arise and hence, the petitioner herein cannot state that the present petition is not maintainable.

6. The fact that respondents 1 to 6 have filed the earlier eviction petition in RCOP.No.286 of 2018 was not denied. The contention of the revision petitioner is that since the New Act has come into effect at the time when the above petition was pending, the landlords ought to have expressed their option to switch over to the New Act under Section 47(2).

7. For ready reference, the provision under Section 47(2) of the New Act is extracted as hereunder:

“47. Repeal and Savings:-

(1)......

(2) Notwithstanding such repeal and subject to the provisions of this Act, all cases and other proceedings under the said Act pending, at the commencement of this Act, shall be continued and disposed of in accordance with the provisions of the said Act, as if the said Act had continued in force and this Act had not been passed: Provided that the plaintiff within a period of 180 days of coming into force of this Act shall be entitled to withdraw any suit or appeal or any other proceeding pending under the repealed Act with liberty to file fresh application in respect