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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.Vijayakumar, J
P.Balamurugan – Appellant
Versus
Muthulakshmi – Respondent
ORDER :
R.Vijayakumar, J.
These revision petitions have been filed challenging the orders passed in I.A.No.14 of 2022 in RCOP.No. 8 of 2017 and I.A.No.15 of 2022 in RCOP.No.9 of 2017 on the file of the Rent Controller Cum District Munsif Court, Kovilpatti.
(A) Factual Background:
2.These Rent Control Petitions have been filed by the landlord namely Muthulakshmi and Muthukumaran as against their tenant namely Balamurugan and to evict him from two non-residential building bearing Door No.119E and Door No.119F.
3.As per averments in the Rent Control Petitions, the tenant has committed wilful default in payment of rent and therefore, he is liable to be evicted. Both the Rent Control Petitions were filed in the month of July and August 2017.
4.Pending Rent Control Proceedings, the landlord has sold the petition mentioned premises in both the Rent Control Petitions to third parties under a registered sale deed dated 01.01.2020. Therefore, the tenant had filed I.A.No.14 of 2022 and I.A.No.15 of 2022 under Order 7 Rule 11 of C.P.C to reject the rent control petitions on the ground that the landlord has no locustandi to continue the eviction proceedings filed on the ground of wilful default after
A landlord loses the right to pursue eviction proceedings after selling the property unless rental arrears are assigned to the new owner.
A tenant must establish timely rent payments to avoid eviction; separate attornment of tenancy is unnecessary upon property transfer.
The tenant's failure to occupy a rented building for six months constitutes valid grounds for eviction, regardless of subsequent changes in ownership of the property.
The tenant must demonstrate regular rent payments; failure to do so constitutes willful default, justifying eviction, regardless of property ownership changes under the Tamil Nadu Buildings (Lease an....
The main legal point established in the judgment is that wilful default in payment of rent requires intentional, deliberate, and conscious non-payment by the tenant. The continuous payment of rent du....
The court affirmed that a registered sale deed is decisive in establishing landlord-tenant relationships, overriding claims based on wills or agreements without proper legal standing.
Point of law : Tenant paid the arrears of rent only in a lumpsum and the same was received by the landlord without prejudice to the R.C.O.P. filed by him. In the above circumstances, it is decided th....
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