CRP. No.1150 & 1151of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07. 2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

CRP. Nos. 1150 & 1151 of 2016

1.Marvel signs

2.Ramkumar

3.Senthilkumar

...Petitioners in both CRPs

Vs.

1.B.Susheela (Died)

(R1 died vide order Court dated 18.01.2017 by RMJ made in CRP NPD

1150 & 1151 of 2016 in memo Sr.No. 540 and 541 of 2017)

2.R.Sunitha

3.B.B.Rajkumar

...Respondents in both CRPs

PRAYER in RCOP NO. 1150 of 2016 : This Civil Revision Petition is filed

under Section 227 of the Constitution of India, praying to set aside the

order and decreetal order in R.C.A NO. 69 of 2014 by the Appellate

Authority, Principal Subordinate Court, Coimbatore, dated 22.07.2015

confirming the order in R.C.O.P No. 89 of 2012 by the learned Rent

Controller, Principal District Munsif, Coimbatore dated 06.03.2014 by

allowing the revisions.

PRAYER in RCOP NO. 1151 of 2016 : This Civil Revision Petition is filed

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CRP. No.1150 & 1151of 2016

under Section 227 of the Constitution of India, praying to set aside the

order and decreetal order in R.C.A NO. 68 of 2014 by the Appellate

Authority, Principal Subordinate Court, Coimbatore, dated 22.07.2015

confirming the order in R.C.O.P No. 89 of 2012 by the learned Rent

Controller, Principal District Munsif, Coimbatore dated 06.03.2014 by

allowing the revisions.

For Petitioners : Mr.K.J.Parthasarathy

in both CRPs

R1

: Died

For R2 & R3 : Mr.R.Bharathkumar

in both CRPs

COMMON ORDER

The revision petitioners herein are the tenant in RCOP No.89 of

2012 filed by the first respondent herein/land lord seeking to evict the

tenants under the ground that the tenant committed wilful default in

payment of rent and also the building is seventy years old needs immediate

demolition and re-construction. Further, land lord also obtained necessary

plan approval from the corporation. Thereafter, notice issued on 07.01.2012

by terminating lease agreement and called upon the tenant to vacate and

hand over the vacant possession for which the tenant failed to comply.

Hence the land lord filed petition for evict the tenant but the tenant contested

the proceedings by filing his objection. In the meanwhile, the land lord filed

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CRP. No.1150 & 1151of 2016

I.A 112 of 2013 under rule 11(4) of Tamil Nadu Building (Lease and Rent

Control)Act 1960 (in short ''rent control Act'') claiming arrears of rent for the

month of August 2011 to March 2013 to the tune of Rs.1,90,000/- (19

months X Rs.10,000/- = Rs. 1,90,000/-). The tenant appeared through their

counsel and admitted the land lord tenant relationship denied the allegation

of land lord but they have not filed any objection for the petition filed under

11(4) of Rent Control Act. Thereafter, when the said application was

reserved for orders the tenant paid a sum of Rs. 1,00,000/- by cheque dated

01.10.2013 and for remaining amount of 90,000/- they issued post dated

cheque but the rent controller passed the order directing him to pay entire

arrears but the same was not complied by the tenants. Hence the rent

controller on 06.03.2014 struck off the defence of the tenants and order of

eviction was passed in main RCOP.

2. Challenging the said findings the tenants preferred an appeal

against the RCOP RCA against 68 and 69 of 2014 before the rent control

Appellate Authority-cum- Principal Sub judge, Coimbatore, without

depositing arrears of rent. On hearing both sides, rent controller held that

tenant committed wilful default of rent and also not complied the order

passed by the rent controller in Rule 11(4) of Rent ControlActthose

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CRP. No.1150 & 1151of 2016

application was dismissed by confirming order of the rent controller.

Challenging the said fin