JUDGMENT :

(Prayer: Civil Revision Petitions filed under Article 227 of the Constitution of India,

In CRP 3056/2021: praying to set aside the order and decree dated 29.09.2021 passed in R.L.T.O.P. Sr. No.5061 of 2021 on the file of the X Court of Small Causes Chennai/Rent Court (FAC), and consequently direct the Rent Court to number the RLTOP and decide the same on merits.

In CRP 3061/2021: praying to set aside the order and decree dated 22.11.2021 passed in R.L.T.O.P. Sr. No.4470 of 2021 on the file of the X Court of Small Causes Chennai/Rent Court, and consequently direct the Rent Court to number the RLTOP and decide the same on merits.

in CRP 3062/2021: praying to set aside the order and decree dated 16.11.2021 passed in R.L.T.O.P. Sr. No.5697 of 2021 on the file of the X Court of Small Causes Chennai/Rent Court, and consequently direct the Rent Court to number the RLTOP and decide the same on merits.

In CRP 3063/2021: praying to set aside the order and decree dated 16.11.2021 passed in R.L.T.O.P. Sr. No.5766 of 2021 on the file of the X Court of Small Causes Chennai/Rent Court, and consequently direct the Rent Court to number the RLTOP and decide the same on merits.

In CRP 3067/2021: praying to set aside the order and decree dated 22.11.2021 passed in R.L.T.O.P. Sr. No.4471 of 2021 on the file of the X Court of Small Causes Chennai/Rent Court, and consequently direct the Rent Court to number the RLTOP and decide the same on merits. In CRP 3094/2021: praying to set aside the order and decree dated 16.11.2021 passed in R.L.T.O.P. Sr. No.5241 of 2021 on the file of the X Court of Small Causes Chennai/Rent Court, and consequently direct the Rent Court to number the RLTOP and decide the same on merits.)

Challenge in these Civil Revision Petitions is to the orders of the Rent Court passed in various Original Petitions filed under the Tamilnadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, hereinafter referred to as “the New Act” for the sake of brevity and convenience, rejecting the said original petitions on the ground of maintainability.

2. The only reason for rejection of these petitions even at the stage of numbering is the absence of a registered Tenancy Agreement, which according to the Rent Court, is mandatory for the purposes of invoking the jurisdiction of the Rent Court under the New Act. Before dealing with the individual cases, it will be advantageous to refer to the object and the provisions of the New Act, which are germane for our purposes.

3. The object of the enactment is to establish a frame work for the regulation of rent and to balance the rights and responsibilities of landlords and tenants and to provide fast adjudication process for resolution of disputes, and matters connected therewith or incidental thereto.

Section 2(a) defines an “Agreement” or a “Tenancy Agreement” as follows:

Section 2(a): “agreement” or “tenancy agreement” means the written agreement executed by the landlord and the tenant as required under this Act and shall include a sub-tenancy agreement and sub-lease agreement;

Section 2(c) defines a “landlord” as follows:

Section 2 (c): “landlord” means a person, who for the time being is receiving, or is entitled to receive, the rent of any premises, on his own account, if the premises were let to a tenant, and shall include his successor-in-interest:

Provided that where a person is receiving rent for any premises is entitled to so receive, on account of, or on behalf of, or for the benefit of, any other person who cannot enter into a contract (such as minor, person with unsound mind, etc.), whether as a trustee, guardian or receiver, then, the said trustee, guardian or receiver shall also be a landlord for the purposes of this Act.

Section 2(n) defines a “tenant” as follows:

Section 2 (n): “tenant” means a person by whom or on whose account or behalf the rent of any premises is, or, but for a contract express or implied, would be payable for any premises and includes any perso