ORDER :

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the Fair and Decreetal Order dated 29.07.2022 made in R.L.T.A.No.11 of 2022 on the file of the VI Additional City Civil Court, Chennai by confirming the Fair and Decreetal Order dated 20.12.2021 made in R.L.T.O.P.No.389 of 2021 on the file of the Rent Court/XII Court of Small Causes, Chennai by allowing this Civil Revision Petition.

The tenant is the revision petitioner and the landlord is the respondent. The respondent/landlord filed a petition in R.L.T.O.P.No.389 of 2021 before the Rent Court/XII Court of Small Causes, Chennai under Sections 21(2)(a), 21(2)(b) and Section 23 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (hereinafter called as 'TNRRRLT Act, 2017' for brevity) for eviction of the petitioner/tenant and for compensation. The said petition was allowed by the Rent Court on the ground of Section 21(2)(a) (failure of the parties to enter into an agreement in writing under TNRRRLT Act). The relief sought for in other grounds were negatived.

2. Aggrieved by the same, the revision petitioner/tenant has filed an appeal before the VI Additional City Civil Court (Rent Tribunal), Chennai in R.L.T.A.No.11 of 2022. The learned Appellate Authority concurred with the order passed by the Rent Court and aggrieved by the same, the petitioner/tenant has come up with this civil revision petition.

3. According to the respondent/landlord, the demised premises, a non- residential building, was let out by husband of the 1st respondent and father of the 2nd respondent viz., Late B.Mohan to the petitioner's father Late P.Jayapandian in the year 1965 for a monthly rent of Rs.60/-. The rent has been increased periodically from time to time and on the date of filing the application, the agreed rent was Rs.32,000/-. The respondent/landlord claimed that the last rental agreement between the petitioner/tenant and the respondent/landlord was entered into on 01.03.2003. The tenancy was for a period of 11 months commencing from 01.03.2003 to 29.02.2004. It was also alleged that the rental agreement was not renewed thereafter, even after coming into force of TNRRRLT Act, 2017. Even after coming into force of TNRRRLT Act, 2017, inspite of several requests made by the respondent/landlord, the petitioner/tenant failed and neglected to co-operate for renewal of rental agreement. Hence, the respondent/landlord sought for eviction under Section 21(2)(a) of TNRRRLT Act, 2017 for failure of the parties to enter into an agreement in writing. The respondent also alleged that the petitioner was a chronic defaulter and failed to pay rent regularly and sought for eviction on the ground of default in payment of rent.

4. The petitioner/tenant had filed a counter, wherein he raised specific plea that in view of the fact that the petitioner and the respondent had not entered into any agreement as mandated by TNRRRLT Act, 2017, the provisions of said Act will not govern the parties and consequently, the petition for re-possession filed by the respondent/landlord by invoking TNRRRLT Act, 2017, was not maintainable. The petitioner/tenant also claimed in his counter that the rental agreement was last renewed between the parties on 05.06.2015 for a period of 11 months and agreed rent was Rs.26,000/-. It was further averred that inspite of failure of the parties to renew the rental agreement, the rent was increased from Rs.26,000/- to Rs.32,000/- in the year 2017. The petitioner also denied the averment found in the respondent's eviction petition that he had committed default in payment of arrears.

5. Both the Courts below found that the written rental agreement entered into between the parties expired prior to coming into force of TNRRRLT Act, 2017 and the same was not renewed as per the provisions of TNRRRLT Act, 2017. The said position was not disputed by the learned Senior Counsel for the petitioner. Consequ