COMMON ORDER

Since the issue involved in both the Civil Revision Petitions is one and the same, they are disposed of by this common order.

2. The Civil Revision Petition in C.R.P.No.1018 of 2024 is filed to set aside the Fair and Decreetal Order, dated 11.08.2023, in R.C.A.No.53 of 2021, on the file of the learned IX Judge, Small Causes Court, Chennai, confirming the order dated 15.02.2021 made in M.P.No.222 of 2019 in R.C.O.P.No.226 of 2019, on the file of the X Judge, Small Causes Court, Chennai.

3. The Civil Revision Petition in C.R.P.No.1347 of 2024 is filed to set aside the order, dated 15.02.2024, in R.L.T.A No.136 of 2023, on the file of the learned XXXIII Additional Judge, City Civil Court, Chennai, confirming the order, dated 21.02.2023, in RLTOP No.145 of 2022, on the file of the X Judge, Small Causes Court, Chennai. 4. The short facts of the case in C.R.P.No.1347 of 2024 is that the petitioner doing the business of buying and selling of various flowers under the name and style of “M/s S.K.F Flower shop” in the shop owned by the erstwhile owner Mr. Shanmugam, from the year 2000. The petitioner not aware the fact that the 1st respondent's husband one A.P.Kumar, since died, purchased the property from the said M.C.Shanmugam, the lessor and he become the owner. The respondent filed RLTOP No.145 of 2022. for eviction on the ground that no written tenancy agreement under Section 21(2)(a) of the Tamilnadu Regulation of Rights and Responsibilities of Landlords and Tenants Act 42/2017 as amended by Act 39 of 2018. The trial Court ordering the petitioner to vacate and hand over the vacant possession of the premises to the respondent. Therefore, the petitioner constrained to file R.L.T.A.No.138 of 2023, on the file of the learned XXIII Additional Judge, City Civil Court, Chennai, challenging the order in RLTOP. The appeal was dismissed by confirming the order of Small Causes Court, Chennai.

5. The short facts of the case in C.R.P.No.1018 of 2024 is that the petitioner was the tenant of the petition premises under the erstwhile owner. He continued his tenancy after purchase by the said A.P.Kumar, who died during pendency of the Suit. The respondent filed a petition in M.P.No.222 of 2019 in RCOP No.226 of 2019, under Section 11(4) of the Tamil Nadu (Buildings & Lease) Rent control Act, on the file of the X Court Small Causes Court, Chennai, claiming arrears of rent of Rs.3,60,000/- from August 2018 to January 2021 and the said petition was allowed on 15.02.2021. Against which, the petitioner filed an Appeal R.C.A.No.53 of 2021, on the file of the IX Judge, Small Causes Court, Chennai. The learned IX Judge, Court of Small Causes, Chennai, dismissed the appeal filed by the petitioner, thereby confirming the order passed by the learned X Judge, Court of Small Causes, Chennai. Aggrieved over the same, the petitioner is before this Court.

6. Mr.S.R.Rajagopal, the learned Senior Counsel appearing for the petitioner would submit the petitioner is the tenant of a Flower Shop under the name and style of “SKF Flower Shop”, measuring about 100 feet, situated at Door No.25/13, Badrian Street, Chennai, under the erstwhile owner viz., M.C.Shanmugam. Originally, the petitioner entered a Lease Agreement with one M.C.Shanmugam on a monthly rent of Rs.4,500/- and paid a sum of Rs.5,10,000/- towards advance amount for a period of 11 months. On a mutual agreement, the petitioner paid a sum of Rs.10,00,000/- to the said M.C.Shanmugam for the petition premises towards lease amount in advance and there is no rent payable and on vacation of the petition premises by the petitioner, the amount of Rs.10,00,000/- to be returned to the petitioner. In these circumstances, one A.P.Kumar, the husband of the respondent, filed a complaint before the Sub- Inspector of Police, C1 Police Station, Flower Bazaar, Chennai-1, alleging that he purchased the petition premises in 2005 and the petitioner is a trespasser. The respondent's husband did not inform that he purchas