BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on 10.08.2023 Pronounced on 06.12.2023 CORAM THE HON'BLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI C.R.P.(MD) No.1718 of 2023 and C.M.P(MD)No.8583 of 2023 T.John Lawrence ... Revision Petitioner Versus D.Royalsamy ... Respondent Prayer : The Civil Revision Petition is filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, to set aside the judgment and decree, dated 27.03.2023 passed in R.C.A.No.14 of 2022 on the file of the Rent Control Appellate Authority (Principal Sub Judge), Tiruchirapalli, confirming the fair and decretal order, dated 22.12.2021 passed in R.C.O.P.No.56 of 2017 on the file of the Rent Controller (III Additional District Munsif), Tiruchirapalli.

For Revision Petitioner : Mr.V.Balaji For Respondent : Mr.S.Vashik Ali

ORDER

This revision is preferred as against the judgment and decree passed in R.C.A.No.14 of 2022 on the file of the Rent Control Appellate Authority (Principal Sub Judge), Tiruchirappalli confirming the fair and decretal order dated 22.12.2021 passed in R.C.O.P.No.56 of 2017 on the file of the Rent Controller (III Additional District Munsif), Tiruchirappalli.

2. According to the Revision Petitioner, the Respondent herein filed a petition in R.C.O.P.No.56 of 2017 before the Rent Controller (III Additional District Munsif), Tiruchirappalli for eviction on the ground of own use and occupation and for other reliefs. It is submitted that the petition mentioned residential house belonged to the Respondent herein and the property consists of 2 floors in which the Respondent is residing in the ground floor and out of the two portions in the 1^st floor, one portion was leased out to the Revision Petitioner on 03.02.2016 for a period of 11 months for a monthly rent of Rs.5,250/- with an option to renew the lease for a further period by enhancing the monthly rent at the rate of 5% for every succeeding 11 months of lease period and the other identical portion was also leased out by the Respondent herein to third party.

3. It is submitted that there is no arrears of rent till date and that the Respondent herein refused to extend the lease period as agreed in the lease agreement, dated 03.02.2016 and further, refused to renew the lease agreement which expired on 03.01.2017. In order to vacate the Revision Petitioner by one way or other, the Respondent herein filed the petition for eviction as if the Revision Petitioner was not ready to extend the lease agreement by paying the enhanced amount of rent and further stated that the Revision Petitioner frequently developed unnecessary quarrel with his neighbouring tenant at the 1^st floor which is causing disturbance to the Respondent. Since the Respondent is not in good health condition, he requires the attention of his daughter and his son-in-law. Hence, he sought for eviction of the Revision Petitioner on the ground for own use and occupation in order to settle his daughter and son-in-law in the petition mentioned residential house.

4. The Respondent with a malafide intention issued a legal notice on

09.06.2017 which was replied by the Revision Petitioner on 20.06.2017. He then gave the police complaint on 24.06.2017 in order to threaten the Revision Petitioner. Since the Respondent failed to receive the monthly rent, the Revision Petitioner was forced to pay the monthly rent by way of demand draft drawn on Indian Bank, Palakkarai Branch and the same was accepted and encashed by the Respondent herein.

5. However, the Rent Controller allowed the R.C.O.P.No.56 of 2017 against which the Revision Petitioner filed the appeal in R.C.A.No.14 of 2022 before the Rent Control Appellate Authority (Principal Sub Judge), Tiruchirappalli. The said R.C.A.No.14 of 2022 was also dismissed by confirming the order passed in R.C.O.P.No.56 of 2017 against which the present Civil Revision Petition is preferred.

6. The learned counsel appearing for the Revision Petitioner would submit that the Respondent/Landlo