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BEFORE THE MADURAI BENCH OF MADRAS
Mr.Justice R.Vijayakumar, J
Aruppukottai Town Puliampatti Maninagaram Vaniga Vaisiya Uravinmurai Registration – Appellant
Versus
Dhanabalan – Respondent
COMMON ORDER
These civil revision petitions have been filed by the landlord challenging the concurrent dismissal of rent control petitions for eviction on the ground of willful default.
(A)Factual Matrix:
2.According to the petitioner averments, the petitioner society was initially registered in the year 1981 with Registration No.33 of 1981. The said society owned the petition mentioned property and the tenants were inducted by the society into the property in the year 1998. Since the society have become defunct, the registration got lapsed.
3.The learned counsel for the petitioner had further contended that the Society was registered afresh in the year 2003 on 13.01.2003 vide Registration No.5 of 2003. The office bearers of the new society demanded rent from the tenants. Since there was default, a legal notice was issued to them on 06.02.2003. Even thereafter the tenant did not pay the rent. They also disputed the landlord tenant relationship, Hence, RCOP.Nos.17 of 2003, 4 of 2004 and RCOP.Nos.14, 17 to 21 of 2003 and 4 of 2004 were filed before the Rent Controller, Aruppukkottai for evicting the tenant on the ground of willful default.
4.The Rent Controller without properly appreciati
The landlord must prove ownership to establish a valid landlord-tenant relationship; failure to do so results in dismissal of eviction petitions.
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The court established that in eviction proceedings under the Bombay Rent Act, the landlord's title is irrelevant; only the landlord-tenant relationship needs to be proven.
The landlord's right to evict a tenant for non-payment of rent and bonafide necessity, as well as the burden of proof on ownership and relationship of landlord and tenant, were central to the court's....
A landlord loses the right to pursue eviction proceedings after selling the property unless rental arrears are assigned to the new owner.
The court has the jurisdiction to examine the bonafide or malafide denial of title by the tenant and can go into the question of title. An unregistered agreement of sale does not confer any right, ti....
A non-bona fide denial of landlord's title by a tenant justifies eviction under the Tamil Nadu Buildings (Lease and Rent Control) Act.
Tenants are estopped from disputing their landlord's title if genuine documents establish the landlord-tenant relationship.
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