BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2026 CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and CMP.(MD).No.2031 of 2023 S.Dhanasekaran ...Petitioner Vs.

P.Manickam ...Respondent PRAYER in CRP(MD).No.413 of 2023: Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records and set aside the order dated 23.12.2022 made in I.A.No.39 of 2022 in RLTOP.No.8 of 2022 passed by the learned Additional District Munsif, Thanjavur and allow the above Civil Revision Petition.

For Petitioner : Mr.B.Jameelarasu For Respondent : Mr.Muthuraja for Mr.R.Maheswaran

ORDER

Heard Mr.B.Jameel Arasu, for petitioner and Mr.Muthuraja, for Mr.R.Maheswaran, for respondent.

2. This Civil Revision Petition is filed challenging the order passed by the learned Additional District Munsif, Thanjavur in I.A.No.39 of 2022 in RLTOP.No.8 of 2022 dated 23.12.2022.

3. For the sake of convenience, the parties shall be referred to as landlord and tenant.

4. The landlord presented RLTOP.No.8 of 2022 seeking eviction of the tenant from the demise premises invoking Section 21(2)(g) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlord and Tenant Act, 2017 (hereinafter referred as TNRRRLT Act).

5. There is no dispute in the relationship between the parties. The issues presented are as follows:

There is no written agreement between the landlord and the tenant.

It was also not necessitated since the tenant was put in possession of the property, while the Tamil Nadu Buildings Lease and Rent Control Act, 1960 was in force. The Act was repealed and replaced by the TNRRRLT Act, on and from 22.02.2019. Oral tenancy, which was permissible under the earlier legislation continues to be in vogue. Yet, to seek the assistance of the Rent Court by a landlord seeking eviction under any of the heads from Sections 21(2)(b) to 21(2) (h) of the TNRRRLT Act, a written agreement as contemplated under Section 4 of TNRRRLT Act would be essential.

6. Mr.Jameel Arasu invited the attention of this Court to the amendment that the Act suffered whereby Section 21(2)(g) was omitted. He urged that, since the provision has been omitted by Tamil Nadu Act 19 of 2022, the petition cannot be carried on as the provision itself does not exist anymore. He also urged that since there is no written agreement, the only option available for the landlord is to invoke Section 21(2)(a) of TNRRRLT Act and that he is barred from invoking section 21(2)(g). He adds that, without considering these aspects, the tenant's application to reject the RLTOP had been unceremoniously dismissed.

Hence, he seeks the impugned order to be revived.

7. Mr.Muthuraja, submits that this application has been filed to drag on the proceedings with a view to delay and defeat the right of the landlord to get possession of the property. He states that the procedure contemplated under the TNRRRLT Act is summary in nature and that, by the time the petition in I.A.No.39 of 2022 came to be filed, the landlord had entered the witness box and deposed in evidence and the matter had been posted for his cross examination. Instead of proceeding further with the cross examination, the tenant has come forward with this petition in order to ensure that the proceedings are delayed. Hence, he seeks for dismissal of the Revision Petition.

8. I have heard both the parties. I have gone through the records placed before this Court.

9. Let me deal with the issues presented by the counsel separately. 10. The first issue presented by Mr.Jameel Arasu is that, since Section 21(2)(g) of TNRRRLT Act has been omitted by the Tamil Nadu Act

19 of 2022, the petition has to be dismissed as such.

11. When the TNRRLT Act came into force with effect from

22.02.2019 till the Amendment Act, 19 of 2022, the Act had a provision under section 21(2)(g). This provision itself came in by way of an amendment, by virtue of Tamil Nadu Act 39 of 2018, with effect from 16.07.2018. The amendment was short lived. It came into e