C.R.P.No.445 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved On : 06.03.2022

Delivered On : 06.04.2023

CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

Civil Revision Petition No.445 of 2023

and

C.M.P.No.3702 of 2023

M/s.Top Kapi,

Rep. by its Partners Mr. S. Jayachandran & Mr. S. Murali,

Shop No.1, No.110,

Ranga Complex, Pondy Bazar,

T.Nagar, Chennai – 600 017.

.. Petitioner

Versus

S.Sarath Babu

.. Respondent

Civil Revision Petition filed under Article 227 of the Constitution of

India, praying to set aside the judgment and decree dated 20.12.2022 passed in

R.L.T.A. No.104 of 2022 by the learned XXII Additional Judge, City Civil

Court at Allikulam, Chennai [Rent Tribunal, Chennai], confirming the fair and

decretal order passed in R.L.T.O.P. No.91 of 2019, dated 18.07.2022 by the

learned XVI Judge, Court of Small Causes at Chennai [Rent Court, Chennai].

For Petitioner

: Mr. Ashok Menon

For Respondent

: Mr. S. Shaminath

ORDER

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C.R.P.No.445 of 2023

This Civil Revision Petition had been filed seeking to set aside the

judgment and decree dated 20.12.2022 passed in R.L.T.A. No.104 of 2022 by

the learned XXII Additional Judge, City Civil Court at Allikulam, Chennai

[Rent Tribunal, Chennai], confirming the fair and decretal order passed in

R.L.T.O.P. No.91 of 2019, dated 18.07.2022 by the learned XVI Judge, Court

of Small Causes at Chennai [Rent Court, Chennai].

2.

The Tenant in the revision petitioner. The landlord is the

respondent in this Civil Revision Petition.

3.

For the sake of convenience, the parties to this Civil Revision

Petition can be referred to as "Tenant" and "Landlord".

4.

The landlord, invoking Section 21 (2) (a) and 23 of The Tamil

Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act,

2017 (in short The Act), has approached the learned Rent Controller and filed

RLTOP No. 91 of 2019 for eviction and/or possession of the premises in

occupation of the tenant with double the rental amount as compensation from

the date on which the tenancy was terminated by the landlord.

5.

As per the averments in RLTOP No. 91 of 2019, the premises in

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C.R.P.No.445 of 2023

question was let out to the tenant in ground floor for a monthly rent of

Rs.46,375/- and at the time when the tenant was inducted, he paid a sum of

Rs.25,000/- as advance. It is further stated that the tenant is running a toy

shop in the name and style of M/s. Top Kapi in the premises in question.

According to the landlord, after the coming into force of The Act, he issued a

notice dated 28.03.2019 calling upon the tenant to enter into a rental

agreement. Since it was not responded, the landlord sent another notice on

19.04.2019 intimating that the tenancy stands terminated and called upon the

tenant to handover the vacant possession of the premises. It is further stated

by the landlord that he is entitled to double the rent as per Section 23 of the

Act from 16.04.2019. As the tenant failed to vacate the premises, he has filed

RLTOP No. 91 of 2019 as mentioned above.

6.

The Original Petition was contested by the tenant by specifically

stating that he has received the notice dated 28.03.2019 from the landlord and

immediately he had sent a reply on 04.04.2019 by stating that Mr.

Jayachandran and S. Murali were the partners of the business M/s. Top Kapi

and that the notice sent to Suresh had got nothing to do with the entering into

agreement with the landlord. In the reply, the tenant also requested the

landlord to send a draft of the rental agreement for his perusal. Inspite of the

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C.R.P.No.445 of 2023

reply, the landlord had issued the notice dated 19.04.2019 terminating the

tenancy from 13.04.2019 inter alia claiming Rs.92,750/- as rent together with

Goods and Service Tax. Therefore, the tenant sent a letter to the