LAWS(MAD)-2011-12-25

MATHIVANAN Vs. SHANMUGAM ALIAS S MURUGAN

Decided On December 21, 2011
MATHIVANAN Appellant
V/S
SHANMUGAM @ S. MURUGAN Respondents

JUDGEMENT

(1.) The present revision is filed against the order made in unnumbered application at the instance of the petitioner/tenant in RCOP No. 13 of 2007 initiated by the respondents/ landlords. In a suit for eviction filed by the respondents against the petitioner, the petitioner/tenant has filed an application under Section 11 of the Tamil Nadu Buildings (Lease and Rent Control) Act. The learned Rent Controller (District Munsif, Krishnagiri) rejected the application on the ground that the tenant cannot exercise his option by filing an application under Section 11 of the Act. I am in entire agreement with the finding of the learned Rent Controller. Section 11 could be invoked only by the landlord and not by tenant. In view of the same, the present revision is liable to be dismissed and accordingly dismissed. However, it is open to the petitioner to invoke any other provision like Section 8(5) of the Act for deposit of rent if he chooses to do so. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.