The court confirmed that eviction proceedings must follow the prescribed legal process, as per the statutory requirements of tenancy law.

O R D E R

This civil revision petition is filed challenging the order of Principal District Judge at Erode in Tr.O.P.No.194 of 2023 dated 30.09.2024.

2. The civil revision petitioners are the plaintiffs in O.S.No.166 of

2017. The defendants are the petitioners in RLTOP No.5 of 2022 on the file of Principal District Munsif at Erode. O.S.No.166 of 2017 is a suit claiming the following reliefs :

'a) granting a permanent injunction restraining the defendants, their men and agents from interfering in any manner with the plaintiffs peaceful possession and enjoyment of the same evicting the plaintiffs from therein, till they are evicted under due process of law.

b) directing the defendant to pay the cost of the suit to the plaintiffs'

3. It is the case of plaintiffs / civil revision petitioners that they had entered into the suit property which was then a vacant land in the year 1974. While they were attempting to repair the tar road, the defendants attempted to dispossess them from the vacant land. Hence, they issued a suit notice on 22.12.2016. The said notice was returned on 24.12.2016. Fearing that they may be dispossessed, they filed the suit for the aforesaid reliefs.

4. The written statement has been filed by the fourth defendant accepting that the plaintiffs had entered into the suit property by way of lease agreement but they denied the averment that the suit land was a vacant land on the date on which the lease agreement was entered into. According to them, the property had buildings on the date on which the lease agreement had been entered into between the plaintiffs and defendants.

5. Both sides agree that the suit is now pending trial.

6. The defendants in O.S.No.166 of 2017 along with the other co-

owners of the property presented RLTOP No.5 of 2022 on the file of the Principal District Munsif at Erode invoking Sections 21(2)(a), 21(2)(b), 21(2)(d) and 21(2)(e) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 [Act 42 of 2017 amended by Act 39 of 2018 and 22 of 2019] {TNRRRLT Act, 2017}. They pleaded that the possession of the land and building was handed over to the respondents and they are tenants in the said property. As the tenants committed willful default and had also not entered into a written agreement as required under Section 4(2) of TNRRRLT Act and since the tenants had damaged the property, they sought for eviction. The Additional ground being immediate demolition and reconstruction of the premise, the tenant has filed counter to the said RLTOP. Pending this proceedings, the tenants moved Tr.OP.No.194 of 2023 seeking transfer of RLTOP No.5 of 2022 from the file of Principal District Munsif Court at Erode to the file of the II Additional District Munsif Court, Erode for joint trial along with O.S.No.166 of 2017. Notice was ordered in the transfer petition and respondents / landlords were served with notice.

7. The learned Principal District Judge, Erode came to a conclusion that the Principal District Munsif Court at Erode being notified Court under the TNRRRLT Act and II Additional Court not being the notified Court, RLTOP proceedings cannot be transferred from the file of Principal District Munsif Court, Erode to the file of II Additional District Munsif Court, Erode. Consequently, learned Principal District Judge, Erode dismissed the transfer petition. Hence, the revision.

8. I heard Mr.C.E.Pratap for civil revision petitioners and Mr.V.Shivakumar, represents M/s.P.B.Ramanujam Associates, counsel for caveators.

9. Both sides or