IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR C.R.P.No.2902 of 2025 and C.M.P.No.16379 of 2025 R.Kannan ... Petitioner Vs.

S.Muthu Represented by his Power Agent Manikandan ... Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 30.04.2025 in R.L.T.A.No.124 of 2024 on the file of the XXI Additional City Civil Court, Chennai, confirming the order of the Rent Controller, dated 24.06.2024 passed in R.L.T.O.P.No.79 of

2024 on the file of the XIV Small Causes Court, Chennai.

For Petitioner : Mr.A.Ramesh Manikandan For Respondent : Mr.K.Chandru

O R D E R

Challenging the order dated 30.04.2025 in R.L.T.A.No.124 of 2024 on the file of the XXI Additional City Civil Court, Chennai, confirming the order of the Rent Controller, dated 24.06.2024, passed in R.L.T.O.P.No.79 of 2024 on the file of the XIV Small Causes Court, Chennai, allowing the application for eviction filed by the respondent/landlord under Section 21(2)(a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (hereinafter referred to as “the TNRRRLT Act” or “the new Act”), the present revision has been filed by the petitioner/tenant.

2.Brief background of the case is as follows :

2.1.The respondent is the owner of the subject premises which was purchased by him by way of registered sale deed. The petitioner was inducted as a tenant in the ground floor of the subject premises from the year 2015 for running a tea shop. No written agreement was entered into between the parties. The respondent paid a sum of Rs.2,00,000/- towards security deposit. The monthly rent was Rs.15,000/- excluding electricity charges.

2.2.For the sake of convenience, the parties will be hereinafter referred to as tenant and landlord.

2.3.It is the case of the landlord that the tenant had sublet the entrance of the subject premises for running a flower shop, which caused a lot of inconvenience to the other tenants and repeated complaints have been received in this regard. The tenant has thereafter taken over and started running the flower shop on his own. He failed to vacate the flower shop and continuously gave trouble and nuisance to other tenants. The tenant failed to pay the rents from October, 2019. Therefore, the landlord requested the tenant to pay the rental arrears or to vacate the premises. Meanwhile, the tenant filed a suit in O.S.No.7059 of 2021 on the file of the II Assistant City Civil Court, Chennai, for permanent injunction and the landlord also filed a suit in O.S.No.4155 of 2022 on the file of the XVI Assistant City Civil Court, Chennai, for recovery of possession and permanent injunction not to use the bank yard passage lying on the eastern side of the premises. Both the suits are pending. Later, the landlord sent a notice on 07.08.2023 to the tenant, calling upon him to enter into a written rental agreement and demanding the arrears of rent to the tune of Rs.7,50,000/-. Thereafter, the landlord caused a legal notice dated 23.08.2023, asking the tenant to cooperate for registration of a rental agreement and also to pay the rental arrears. However, the tenant has not come forward to enter into a rental agreement, nor paid the arrears. Hence, the landlord filed the present application before the Rent Controller for eviction under Section 21(2)(a) of the TNRRRLT Act.

2.4.It is the case of the tenant before the Rent Controller that the landlord, by his notice dated 07.08.2023, gave 15 days' time to reply for the same. Though, ordinarily in cases of civil nature, 30 days' time is given, the landlord has given only 15 days time. But even before expiry of the said 15 days' time, the landlord has sent another legal notice dated 23.08.2023 with different set of facts. Therefore, both the notices are legally void. The tenant sent a reply to the legal notice, on 05.10.2023. The landlord has demanded increase of rent to a sum of Rs.