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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N. MANJULA, J.
M/S. Primex Healthcare and Research Pvt. Ltd., Rep by its Director, Chennai & Another - Appellant
Versus
A.A.L. Ramaswamy & Others - Respondent
C.R.P.Nos. 587 & 1937 of 2022 & C.M.P.Nos.3065 & 3343 of 2022
Decided On : 29-09-2022
| Table of Content |
|---|
| 1. petition for revision to set aside previous court orders. (Para 1 , 2) |
| 2. case facts and tenant's position under the lease. (Para 3 , 4 , 5) |
| 3. arguments on jurisdiction and application of the act. (Para 6 , 7) |
| 4. landlord's claims regarding tenancy agreements. (Para 8 , 9) |
| 5. questions for consideration in the petitions. (Para 10 , 11) |
| 6. object of the new tenancy act. (Para 12 , 13) |
| 7. recent case law impacting landlords' rights. (Para 14 , 15 , 16) |
| 8. impact of written agreements and registration requirements. (Para 19 , 20 , 21) |
| 9. consequences of non-registration of tenancy agreements. (Para 22 , 23 , 24) |
| 10. conditions under which tenants can be evicted. (Para 25 , 26 , 27) |
| 11. definition of tenant and tenant rights. (Para 28 , 29) |
| 12. historical context of tenancy laws and constitutional validity. (Para 31 , 32 , 33) |
| 13. clarification on tenancy status post-agreement expiry. (Para 34 , 35 , 36 , 37) |
| 14. rights and obligations of landlords and tenants. (Para 38 , 39 , 40) |
| 15. court directives regarding tenancy agreement registration. (Para 58 , 59 , 60) |
| 16. awareness and implications of oral and unregistered tenancies. (Para 61 , 62 , 63 , 64) |
| 17. final order and directives from the court. (Para 65) |
JUDGMENT
(Prayer: C.R.P.No.587 of 2022: Civil Revision Petition is filed under Section 115 of C.P.C., to set aside the order passed by the learned XVI Small Causes Court, Chennai in M.P.No.1 of 2021 in RLTOP No.420 of 2020 dated 31.01.2022.
C.R.P.No.1937 of 2022: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order and decree passed in RLTOP SR.No.694 of 2022 dated 18.04.2022, on the file of the X Small Causes Court, Chennai and consequently, direct the Rent Court to number the RLTOP and decide the same on merits.)
Common Order:
1. The Civil Revision Petition in C.R.P.No.587 of 2022 has been preferred to set aside the order passed by the learned XVI Small Causes Court, Chennai in M.P.No.1 of 2021 in RLTOP No.420 of 2020 dated 31.01.2022.
2. The Civil Revision Petition in C.R.P.No.1937 of 2022 has been preferred to set aside the order and decree passed in RLTOP SR.No.694 of 2022 dated 18.04.2022, on the file of the X Small Causes Court, Chennai and consequently, direct the Rent Court to number the RLTOP and decide the same on merits.
3. Heard Mr.Anirudh Krishnan and Mr.M.Sunil Kumar, learned counsels for the petitioners in both Civil Revision Petitions and Mr.M.L.Ganesh, learned counsel for the respondent in C.R.P.No.587 of 2022 and also perused the materials placed on record.
4. The short facts of the case in C.R.P.No.587 of 2022 are as follows:
The revision petitioner claims himself as a tenant under the respondent/landlord. The respondent landlord filed an eviction petition in RLTOP.No.420 of 2020, for recovery of possession under the new Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act , 2017 (Act 42 of 2017 as amended by Act 39 of 2018). During the pendency of the said petition, a miscellaneous petition was filed by the petitioner herein in M.P.No.1 of 2021, seeking to dismiss the eviction petition as not maintainable, in view of the repugnancy between Section 5 (3) of the Act (Act 42 of 2017) and Section 116 of Transfer of Property Act (Act 4 of 1882). The said petition was dismissed by the Rent Controller. Aggrieved over that, the tenant has filed this Civil Revision Petition.
5. The short facts involved in the Miscellaneous Petition are as follows:
The revision petitioner is a Diagnostic Centre by name M/s.Primex Healthcare and Research Private Limited which involves in providing medical services like scan and other laboratory services. The petitioner Centre was established at the respondent's premises on a rental basis. The terms of the rent was reduced into writing by virtue of an agreement of lease dated 22.01.2011. The monthly rent was agreed at Rs.5,41,000/-per month in the beginning and later it was reduced to Rs.4,05,750/- per
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