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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.MALA
Murugaiyan, S/o. Natarajan – Appellant
Versus
Chitra, W/o. Ramamurthy – Respondent
COMMON ORDER :
N. MALA, J.
(1) Civil Revision petitions are filed against the common judgment in R.C.A. 14 of 2022 and R.C.A. No.6 of 2023.
(2) The parties will be referred to as per their ranking before the H.R.C.O.P Court. The landlord will be referred to as the petitioner and the tenant as the respondent.
(3) The petitioner filed the petition for eviction of the tenant from the demised premises on the grounds of personal occupation and willful default under Section 10(2)(i) and 10(3)(a)(iii) of the Pondicherry Buildings (Lease & Rent Control) Act, 1960.
(4) The petitioner and the respondent entered into Lease Agreement on20.06.2005, for lease of the demised premises for a monthly rent of Rs.825/-. The respondent also paid an advance of Rs.15,000/- to the petitioner. Thereafter, the lease was renewed from time to time. On 09.06.2012, the parties entered into a fresh Lease Agreement, fixing the monthly rent at Rs.4,000/- and the advance at Rs.1.80 lakhs. The lease period was fixed at 11 months. The Lease Agreement expired on 08.05.2013. On expiry of the lease period, the petitioner asked the respondent to vacate the demised premises since she required the same for setting up a clinic f
A tenant's statutory obligation to pay rent regularly remains intact despite pending proceedings under Section 8(5) for deposit of rent; failure to do so, resulting in accumulation of arrears, consti....
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 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 grounds available for the landlord prior to the relationship covered under the Act are still available if not repugnant to the Act.
The judgment emphasizes the importance of regular rent payments and compliance with deposit rules by tenants, and it upholds the rights of illiterate landlords to property use.
Failure to follow prescribed rent payment procedure constitutes wilful default under the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960.
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