C.R.P.No.3625 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2023

CORAM:

THE HON'BLE MR.JUSTICE S.M. SUBRAMANIAM

C.R.P.No.3625 of 2022

and

C.M.P.No.19229 of 2022

A.Anandan

... Petitioner

Versus

D.Jothianandan

... Respondent

PRAYER: Civil Revision Petition has been filed under Section 25 of Tamil

Nadu Buildings Lease and Rent Control Act, 1960, praying to set aside the

order and decree dated 30.06.2022 passed by the learned VII Small Causes

Court Judge at Chennai in R.C.A.No.125 of 2020 confirming the fair and

decreetal order dated 21.11.2020 passed in M.P.No.200 of 2019 in

R.C.O.P.No.1408 of 2018 on the file of the learned XVI Small Causes Court

Judge at Chennai.

For Petitioner

: Ms.E.Swetha

for Mr.T.K.S.Gandhi

For Respondent

: Mr.V.M.Venkat Ramana

ORDER

The Civil Revision Petition is filed to set aside the order and decree

dated 30.06.2022 passed by the learned VII Small Causes Court Judge at

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C.R.P.No.3625 of 2022

Chennai in R.C.A.No.125 of 2020 confirming the fair and decreetal order

dated 21.11.2020 passed in M.P.No.200 of 2019 in R.C.O.P.No.1408 of

2018 on the file of the learned XVI Small Causes Court Judge at Chennai.

2.The revision petitioner is the tenant and the respondent/landlord

instituted the eviction proceedings in R.C.O.P.No.1408 of 2018 before the

Rent Controller. During the pendency of the R.C.O.P. proceedings, the

respondent/landlord filed M.P.No.200 of 2019 under Section 11(4) of the

Tamil Nadu Building Lease and Rent Control Act (in short 'the Act') to

deposit the arrears of rent. The petition was allowed by the Rent Controller

on 21.11.2020 directing the revision petitioner/tenant to pay a sum of

Rs.3,40,000/- (Rupees Three Lakhs and Forty Thousand only) being the

rental arrears up to October 2020 to be paid on or before 01.12.2020, failing

which, all further proceedings in the above R.C.O.P. will be stopped and

consequential order of eviction will be passed. Further, the revision

petitioner/tenant was directed to pay the future monthly rents on or before 7^th

of every consecutive English calendar month.

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C.R.P.No.3625 of 2022

3.Challenging the order dated 21.11.2020 passed in M.P.No.200 of

2019, the revision petitioner/tenant preferred an appeal in R.C.A.No.125 of

2020. The Rent Appellate Authority elaborately considered the grounds

raised by the revision petitioner/tenant and made a finding that the revision

petitioner claimed that the premises was rented only from February 2018

and not from November 2017. Thus, the calculation of arrears from

November 2017 is incorrect. The revision petitioner/tenant in his counter

before the Rent Appellate Court has claimed compensation from the landlord

at the rate of Rs.7,000/- per month from the month of September 2017.

However, he has nowhere disputed in his counter filed in the application that

the tenancy commenced only from February 2018 and not from November

2017, when such is the case, the tenant was found not entitled to take a new

plea at the appellate stage before the Rent Controller Appellate Authority.

The contradictory statement made by the revision petitioner was identified

by the Rent Control Court and accordingly, the appeal filed by the revision

petitioner/tenant challenging the order passed in M.P.No.200 of 2019 was

dismissed by the Rent Appellate Authority on 30.06.2022.

4.The learned counsel for the revision petitioner made a submission

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C.R.P.No.3625 of 2022

that now the revision petitioner is ready and willing to pay the arrears of rent

in entirety as per the orders passed by the Rent Controller in M.P.No.200 of

2019 dated 21.11.2020. Such a submission if considered would pay way for

dragging on the proceedings initiated by the landlord for eviction of the

tenant. The very statement made in this