IN THE HIGH COURT OF JUDICATURE AT MADRAS
J. NISHA BANU, J.
P. Jayaraman - Appellant
Versus
P. Malleswari - Respondent
C.R.P. (NPD) Nos. 4669 & 4670 of 2015 & C.M.P. Nos. 19018 & 19021 of 2021
Decided On : 16-08-2022
Rent Control Act - Eviction - Tamil Nadu Buildings (Lease and Rent) Control Act, 1960 - Section 11(1)
Fact of the Case:
The respondent filed for eviction of the petitioner from a residential premises and for rent arrears. The court ordered eviction and rent payment.
Finding of the Court:
The court found that the landlord's title did not need to be proven for rent collection under the Rent Control Act. The judgment relied on by the petitioner was deemed inapplicable.
Issues: The issue of denial of title and the applicability of the judgment in J.J.Lal Pvt Ltd and others vs. M.R.Mrali were raised.
Ratio Decidendi: The court held that under the Rent Control Act, the landlord's title did not need to be proven for rent collection, and the judgment relied on by the petitioner was inapplicable to the case.
Final Decision: The Civil Revision Petitions were dismissed as devoid of merits. No costs were awarded.
JUDGMENT
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the Judgment and Decree dated 31.03.2015 passed in R.C.A.No.831 of 2006 on the file of VII Small Causes Court, Chennai by confirming the fair and decretal order dated 09.06.2006 passed in M.P.No.130 of 2006 in R.C.O.P.No.2130 of 2005 on the file of XIII Small Causes Court, Chennai.
Civil Revision Petition filed under Article 227 of the Constitution of India against the Judgment and Decree dated 31.03.2015 passed in R.C.A.No.1040 of 2006 on the file of VII Small Causes Court, Chennai by confirming the fair and decretal order dated 17.04.2006 passed in M.P.No.130 of 2006 in R.C.O.P.No.2130 of 2005 on the file of XIII Small Causes Court, Chennai.)
Common Order
1. Since the issue involved in both the revision petitions are one and the same, they are disposed of by this common order.
2. Aggrieved against the common judgment made in R.C.A.Nos.831 & 1040 of 2006, dated 31.03.2015 on the file of VII Court of Small Causes, Chennai, the revision petitioner has filed the present civil revision petitions. The facts, barely needed for the disposal of these revision petitions are as under:-
2.1. R.C.A.No.831 of 2006 arises against the order and decree dated 09.06.2006 passed in R.C.O.P.No.2130 of 2005 passed by the learned XIII Judge, Court of Small Causes, Chennai and R.C.A.No.1040 of 2006 arises against the order and decree dated 17.04.2006 passed in M.P.No.130 of 2006 in R.C.O.P.No.2130 of 2005 passed by the learned XIII Judge, Court of Small Causes, Chennai.
2.2. R.C.O.P.No.2130 of 2005 was filed by the respondent herein before the Court of Small Causes, Chennai, seeking for eviction of the petitioner herein from the part of the residential portion of the premises bearing Old No.5, New No.13, Kalingarayan II Street, Old Washermenpet, Chennai 600 021, ad measuring to an extent of about 400 sq.ft, more particularly described in the schedule and to direct the petitioner herein to pay the costs.
2.3. Further, M.P.No.130 of 2006 in R.C.O.P.No.2130 of 2005 was filed by the respondent herein seeking for a direction to the petitioner herein to pay the monthly rents due from August 2002 onwards and continue to pay the same in future during the pendency of the proceedings, wherein the total rent upto the month of January 2006 amounts to sum of Rs.44,000/- . Upon hearing the submissions made by the learned counsels, who appeared on behalf of the petitioner and the respondent, the learned Judge, Court of Small Causes, Chennai, in M.P.No.130 of 2006 vide order dated 17.06.2006 issued a direction to the petitioner herein to pay the rent arrears of Rs.44,000/- within 27.04.2006, failing which, eviction against the petitioner herein shall be ordered in R.C.O.P.No.2130 of 2005 and thereafter, adjourned the case to 28.04.2006. Aggrieved against the said order passed in M.P.No.130 of 2006 in R.C.O.P.No.2130 of 2005, the petitioner herein preferred R.C.A.No.1040 of 2006. Subsequently, when M.P.No.130 of 2006 in R.C.O.P.N.2130 of 2005 came up for hearing on 09.06.2006, the learned Judge allowed the petition filed in R.C.O.P.No.2130 of 2005 and ordered eviction of the petitioner herein, within a period of one month. Aggrieved against the order made in R.C.O.P.No.2130 of 2005 ordering eviction of the petitioner herein, the petitioner herein preferred R.C.A.No.831 of 2006.
2.4. R.C.A.Nos.831 of 2006 against R.C.O.P.No.2130 of 2005 and R.C.A.No.1040 of 2006 against M.P.No.130 of 2006 in R.C.O.P.No.2130 of 2005 came up for hearing before the learned Judge, VII Court of Small Causes at Chennai and the learned Judge, vide common judgment dated 31.03.2015, dismissed the appeals and confirmed the order passed by the Rent Controller and ordered eviction within a period of two months. Aggrieved against the same, the appellant has preferred two revision petitions against appeals.
3. The case of the revision petitioner is that both the Appellate Authority as
Under the Rent Control Act, the landlord's title does not need to be proven for rent collection.
The tenant must provide substantial evidence to support the denial of the landlord's title as per the provisions of the Kerala Buildings (Lease & Rent Control) Act, 1965.
Unregistered tenancy agreement ineffective if prior registered agreement exists; revision petition dismissed upholding lower court order.
The court clarified that a tenant's denial of a landlord's title may be assessed for bona fide elements; erroneous and perverse findings from lower authorities warrant court intervention.
The main legal point established in the judgment is the validity of the rental agreement and the consequences of non-payment of rent under the Tamil Nadu Buildings [Lease and Rent Control] Act, 1960.
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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