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

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR C.R.P.No.657 of 2024 and C.M.P.No.3290 of 2024 S.Prabhakaran ... Petitioner Vs.

K.Velkumar ... Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 01.08.2023 in R.L.T.A.No.74 of 2023 on the file of the XXI Additional City Civil Court, Chennai, confirming the order of the Rent Controller, dated 08.02.2023, passed in R.L.T.O.P.No.205 of

2020 on the file of the XIII Small Causes Court, Chennai.

For Petitioner : Mr.C.Umashankar For Respondent : Mr.S.Ramesh

O R D E R

Challenging the order of the XXI Additional City Civil Court, Chennai, in R.L.T.A.No.74 of 2023, dated 01.08.2023, confirming the order of the XIII Small Causes Court, Chennai, in R.L.T.O.P.No.205 of 2020, dated 08.02.2023, 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.The factual matrix of the case is as follows :

2.1.The respondent is the owner of the subject premises. The petitioner was inducted as a tenant in the subject premises on a monthly rent of Rs.28,000/- excluding other amenities, for non-residential purposes. The respondent paid a sum of Rs.4,50,000/- as security deposit to the petitioner. The parties entered into a rental agreement on 01.08.2017. The rental agreement was for a period of 11 months. Thereafter, the rental agreement was not renewed.

2.2.It is the case of the landlord that the tenant committed willful default in payment of rents from July, 2019. Hence, the landlord sent a notice dated 11.11.2019 terminating the tenancy, stating that the tenant is in arrears of rent to an extent of Rs.1,12,000/-. Alleging that the tenant is in illegal occupation of the subject premises without extension of rental agreement and failed to vacate the premises even after issuance of termination notice dated 11.11.2019, the landlord filed the eviction application before the Rent Controller, under Section 21(2)(a) of the TNRRRLT Act for non-entering into a written agreement and also sought for double monthly rent as compensation as per Section 23 of the Act on the ground of illegal occupation even after termination of tenancy.

2.3.The tenant opposed the eviction application before the Rent Controller. It is the contention of the tenant that he has not committed any default in payment of rent. The tenant paid the monthly rents to the landlord's Manager namely Sampath and he has also issued Cash Vouchers signed by the landlord's Manager for receipt of monthly rents. This fact was brought to the notice of the landlord and the landlord was convinced and therefore, the tenant did not choose to reply to the termination notice dated 11.11.2019. Thereafter, the landlord refused to receive the rents. The demand drafts towards monthly rents sent on various occasions were also returned by the landlord. Therefore, only in order to evict the tenant unlawfully, the landlord has filed the present eviction application. Hence, he opposed the application.

2.4.The Rent Controller allowed the application filed by the landlord under Section 21(2)(a) on the ground of non-entering into a written tenancy agreement and ordered eviction, however, dismissed the relief of compensation under Section 23 of the Act, since there was no written agreement between the parties to invoke Section 23 of the Act.

2.5.Challenging the order of eviction, the tenant filed an appeal. The Rent Appellate Court dismissed the appeal and confirmed the order of eviction passed by the Rent Controller.

2.6.Challenging the concurrent findings of the Court below, ordering eviction under Section 21(2)(a) of the TNRRRLT Act, the present revision has been filed by the tenant.

3.Learned cou