BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserved : 22/03/2024 Date of Pronounced : 06/06/2024 CORAM The Hon'ble Mr.Justice G.ILANGOVAN C.R.P(MD)No.1539 of 2023 C.Dharma Raj S/o.Mr.Chellaiyan Represented by his son D.Darwin Raj As Power of Attorney Holder, Saralvilai Veedu, Kaviyaloor Desam, Valvachagostam Village, Kattathurai Post, Kalkulam Taluk, Kanyakumari District. : Petitioner/Petitioner Vs.

Sandhiya : Respondent/Respondent PRAYER:- Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the judgment/order and decree passed in RLTOP No.2 of 2021, dated 17/02/2023 on the file of the Rent Controller, Padmanabhapuram in the Court of Principal District Munsif, Padmanabhapuram and direct the Rent Controller, Padmanabhapuram to adjudicate the RLTOP No.2 of 2021 and pass such further or other orders.

For Petitioner : Mr.D.Prabhu Mukunth Arunkumar For Respondent : Mr.S.C.Herold Singh

O R D E R

This Civil Revision Petition is filed seeking an order to set aside the judgment/order and decree passed in RLTOP No.2 of 2021, dated 17/02/2023 by the Rent Controller/Principal District Munsif, Padmanabhapuram and direct the Rent Controller, Padmanabhapuram to adjudicate the RLTOP No.2 of 2021.

2.The facts in brief:-

The petitioner herein filed a petition in RLTOP No.2 of 2021 before the Rent Controller, Padmanabapuram seeking an order of eviction of the respondent herein for his own use and occupation of the tenanted premises. That came to be dismissed by the Rent Controller on the ground that since there is no written agreement between the parties as required under the Protection of Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, as Amended by Tamil Nadu Act 39 of

2018.

3.Against which, this civil revision petition is preferred on the ground that the Rent Controller on wrong appreciation of the legal issues, dismissed the petition stating that it is not maintainable.

4.For better appreciation of the issue involved, let me briefly extract the petition averments:-

The tenanted premises is situated in Survey No.3-13B/3, which was constructed by the petitioner's father. There was lease agreement in 2017 for a period of 11 months and it was agreed that it must be renewed upto the year 2020. Finally on 04/03/2020, lease was fixed for a period of 11 months. The monthly rent was fixed at 13,000/-. It is an unregistered lease agreement. Rs.1,00,000/- was the advance payment. The lease must end on 03/02/2021.

5.The father of the petitioner did not want to renew the lease. He wanted to start a business and take back the shop for his business. So notice was issued to the respondent herein on 02/11/2020 granting three months time to vacate the premises. Second notice was given on 29/12/2020 granting two months time. Third notice was also issued on 16/03/2021 granting one month time to vacate the premises. The father of the petitioner is now aged about 60 and working in abroad. The petitioner's son namely D.Darwin Raj, who is the Power of Attorney-Holder of the Landlord is also in abroad. He wanted to start a business on his own in the tenanted premises. So he required the premises for his own use and occupation. 6.An advance amount of Rs.1,00,000/- was adjusted for the Rent for the month of October 2020 and from November 2020 till May 2021, it was adjusted at the rate of Rs.13,000/- per month. So the total amount that was adjusted is Rs.94,000/-. From June 2021, the monthly rent was not paid. Due to Covid-2019, concession was given. From 03/02/2021, the respondent is in illegal occupation. He is entitled for reasonable enhancement till the date of eviction on 03/02/2021.

7.The Rent Controller examined the petitioner as PW1 and 12 documents marked. On the side of the respondent, she was examined as RW1 and no document marked.

8.The Rent Controller without going into the factual aspects, recorded a finding that the petition is not maintainable in view of non-registra