CRP.No.285 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2023

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

C.R.P.No.285 of 2023

and

CMP.No.2368 of 2023

1. The Team Trust

Rep.by its Managing Trustee

Mr.R.Mohan Kumar

No.336/6, 11^th Main Road,

Anna Nagar, Chennai-600 040.

2. R.Mohan Kumar

Managing Trustee

Teams Trust,

No.336/6, 11^th Main Road,

Anna Nagar, Chennai-600 040.

... Petitioners

Versus

M.Sanjay Kumar Sablok

... Respondent

PRAYER : Civil Revision Petition filed under Article 227 of Constitution

of India, prayed to set aside the order dated 27.01.2023 passed in

EP.No.960 of 2022 in RLTOP.No.3 of 2022 on the file of the learned XII

Judge, Court of Small Causes, Chennai as null and void and without

jurisdiction.

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CRP.No.285 of 2023

For Petitioners

: Mr.Perumbulavil Radhakrishnan

for Mr.V.Srinivasan

For Respondent

: Mr.Bijesh Thomas

ORDER

This petition has been filed to set aside the order passed by the

learned XII Judge, Court of Small Causes, Chennai in E.P.No.960 of 2022

in RLTOP.No.3 of 2022 dated 27.01.2023.

2. The Learned Counsel for the revision petitioners would submit that

the first Petitioner is the Trust, the Landlord had filed RLTOP.No.3 of 2022.

The Petitioners herein, who are the Respondents/Tenant in RLTOP No.3 of

2022, had filed a counter. After due enquiry, the Rent Controller (XII Judge,

Small Causes Court, Chennai) had passed an order to evict the first

petitioner/tenant from the premises. Subsequently, the petitioners had filed

an appeal in RLTA.No.157 of 2022 and also a Writ Petition in W.P.No.1005

of 2023. In the Writ Petition, no stay was granted. Petitioners had also filed

a Memo stating that the Writ Petition had been filed. In the meanwhile, the

Landlord had filed E.P.No.960 of 2022 in RLTOP.No.3 of 2022. Petitioners

herein as Respondent in E.P., had filed memo reporting pendency of

W.P.No.1005 of 2023.

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CRP.No.285 of 2023

3. The Learned Counsel for the Petitioners invited the attention of this

Court to the provisions of the Tamil Nadu Regulation of Rights and

Responsibilities of Landlords and Tenants Act, 2017, particularly to Section

4, Section 38 and Section 4A. As per Section 4A the lease agreement

between the Trustee and the Landlord had not been registered with the

Authority concerned. Therefore, the Rent Controller had not followed the

procedure as per the Act and had allowed the petition. Therefore, the

finding of the Rent Controller is illegal, perverse and the same is liable to be

set aside, In the EP petition, the Petitioners have filed a memo stating that

the Writ Petition is pending.

4. The Learned XII Judge, Court of Small Causes, Chennai, had

passed the following orders at page No.139 which reads thus:

“4...Mere filing appeal or writ petition are not

automatically stay the execution proceedings or cause

impediment to the execution proceedings. If at all the

respondents/judgment debtors thinks there is chance of getting

success in the appeal they may obtain stay order from the

appellate forum. Admittedly, the present case no stay was granted

by the Hon'ble XIX Additional City Civil Court, Chennai, in

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CRP.No.285 of 2023

RLTA.No.157 of 2022 to execute the decree. As per the Section 39

of the TNRRRLT Act, 2017, this Court sha