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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SENTHILKUMAR
K.S.Ramachandran – Appellant
Versus
S.Sakthivel – Respondent
| Table of Content |
|---|
| 1. challenging order of eviction proceedings. (Para 1 , 2) |
| 2. petitioner's claims against eviction. (Para 3 , 4 , 5) |
| 3. legal basis of tenancy under the act. (Para 6 , 7) |
| 4. arguments supporting landlord's eviction claim. (Para 8 , 9) |
| 5. court's consideration of facts. (Para 10 , 11) |
| 6. legal standards regarding rent payment. (Para 12 , 13) |
| 7. conclusion on sub-letting issue. (Para 14) |
| 8. final order dismissing the petition. (Para 15 , 16) |
ORDER :
N.SENTHILKUMAR, J.
This Civil Revision Petition has been filed, challenging the order dated 28.07.2025 made in RLTA No.5 of 2024 on the file of the Principal District Court cum Rent Tribunal, Theni, reversing the fair and executable order dated 27.03.2024 made in RLTOP No.1 of 2021 on the file of the District Munsif cum Rent Court, Bodinayakkanur.
2.The petitioner is the tenant and the first respondent is the landlord. The first respondent/landlord has filed RLTOP.No.1 of 2021 before the District Munsif cum Rent Court, Bodinayakkanur, seeking eviction on the ground of wilful default in payment of rent and for the act of sub-letting. The Court below, by order dated 27.03.2024, dismissed the petition. Challenging the same, the first r
Tenant cannot claim automatic adjustment of advance rent without a specific clause in the rental agreement; default in rent payment is sufficient ground for eviction.
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....
When once eviction petition had been filed, there is no question of landlord losing his right to pursue the same notwithstanding the fact whether the tenant had deposited or was willing to deposit th....
The requirement of a written tenancy agreement under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 is mandatory for avoid automatic eviction rights for l....
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....
A tenant must establish timely rent payments to avoid eviction; separate attornment of tenancy is unnecessary upon property transfer.
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....
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