CRP.No.746 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2023

CORAM :

THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI

C.R.P.No.746 of 2023

and C.M.P.No.5727 of 2023

K.Ramamurthy

... Petitioner

Vs.

C.Umamaheswari

... Respondent

PRAYER: Civil Revision Petition filed Under Article 227 of Constitution

of India, praying to set aside the order dated 17.08.2022 in RLTA.No.17 of

2022 on the file of the Rent Tribunal (VII Additional Judge, City Civil

Court, Chennai) confirming the order dated 12.01.2022 in RLTOP.No.80 of

2021 on the file of XII Judge, Small Causes Court, Chennai.

For Petitioner

:

Mr.V.Subramani

For Respondent

:

Mr.A.Thiyagarajan, Senior Counsel

for M/s.A.Vinu pradha

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CRP.No.746 of 2023

ORDER

The petitioner has filed this petition to set aside the order dated

17.08.2022 in RLTA.No.17 of 2022 on the file of the Rent Tribunal (VII

Additional Judge, City Civil Court, Chennai) confirming the order dated

12.01.2022 in RLTOP.No.80 of 2021 on the file of XII Judge, Small Causes

Court, Chennai.

2. Before the trial Court the applicant has filed a petition

RLTOP.No.80 of 2021 under Section 21(2)(a) and 21(2)(d) of the Tamil

Nadu Regulation of Rights and Responsibilities of Landlords and Tenants

Act, 42 of 2017 (TNRRRLT Act), for repossession of the tenanted premises

on the ground of failure to enter into an agreement in writing pertaining to

the tenancy as per Section 4(2) of the Act, sublet and misuse of premises.

The applicant is the absolute owner of the property and premises bearing

Shop No.G-7, Uma Complex, Old No.19 & 20, New No.36, Natesan Street,

T.Nagar, Chennai-600 017. The respondent was inducted as a tenant under

a tenancy agreement dated 05.02.2014 and paid a sum of Rs.50,000/- as an

interest free security deposit along with a monthly rent of Rs.7,500/-. The

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CRP.No.746 of 2023

applicant again entered into a new tenancy agreement, which commenced

from 01.09.2016 with a monthly rent of Rs.9,000/- and ended on

31.07.2017. The respondent has sub-let the schedule property to one Selvam

S/o.Periyasamy by collecting a sum of Rs.5,00,000/- as advance along with

a monthly rent of Rs.23,000/-. The applicant sent a legal notice dated

15.09.2018 calling upon the respondent to vacate and handed over the suit

scheduled property. The respondent initiated a suit for permanent injunction

against the applicant in O.S.No.4407 of 2018 on the file of the XIV

Assistant City Civil Court, Chennai and the same is pending. There is no

written tenancy agreement entered into between the applicant and the

respondent after the expiry of tenancy agreement dated 01.09.2016. The

respondent continued to misuse the schedule property even after receipt of

the notice. On hearing both sides, the learned trail Judge held that directing

the respondent to vacate and handover the possession within a month.

3. Aggrieved the same the tenant / respondent has filed RLTA.No.17

of 2022 on the file of the VII Additional City Civil Court, Chennai and the

same was dismissed by the learned trial Judge and confirmed the order

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CRP.No.746 of 2023

dated 12.01.2022 in RLTOP.No.80 of 2021.Challenging the same the

revision petitioner / tenant has filed this revision.

4. The learned counsel for the petitioner submitted that, main

objection of the petitioner is that there is no jural relationship between the

landlord and the tenant, for the reason after expired of the lease agreement

the agreement was not renewed. The learned trial Judge passed an order in

favour of the landlord is totally unfair and liable to be set aside. The

respondent has straight away invoked the provision without issuing a notice

of termination of the tenancy according to law in terms of Section 106 of

Transfer of Property Act.

5. By way of reply, the learn