LAWS(MAD)-2022-9-23

M.VIJAYAKUMAR Vs. RAJESWARI (DECEASED)

Decided On September 12, 2022
M.VIJAYAKUMAR Appellant
V/S
Rajeswari (Deceased) Respondents

JUDGEMENT

(1.) The tenant is the revision petitioner and the landlord is the respondent. The respondent/landlord filed a petition in R.L.T.O.P.No.391 of 2021 before the Rent Court/XII Court of Small Causes, Chennai under Ss. 21(2)(a), 21(2)(b) and Sec. 23 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (hereinafter called as 'TNRRRLT Act, 2017' for brevity) for eviction of the petitioner/tenant and for compensation. The said petition was allowed by the Rent Court on the ground of Sec. 21(2)(a) (failure of the parties to enter into an agreement in writing under TNRRRLT Act). The relief sought for in other grounds were negatived.

(2.) Aggrieved by the same, the revision petitioner/tenant has filed an appeal before the VI Additional City Civil Court (Rent Tribunal), Chennai in R.L.T.A.No.21 of 2022. The learned Appellate Authority concurred with the order passed by the Rent Court and aggrieved by the same, the petitioner/tenant has come up with this civil revision petition.

(3.) According to the respondent/landlord, the demised premises, a residential building, was let out to the respondent initially for monthly rent of Rs.1,500.00. According to the respondent/landlord, the rent has been increased periodically from time to time and on the date of filing the application, the agreed rent was Rs.5,300.00. The respondent/landlord claimed that the last rental agreement between the petitioner/tenant and the respondent/landlord was entered into on 1/3/2003. The tenancy was for a period of 11 months commencing from 1/3/2003 to 29/2/2004. It was also alleged that the rental agreement was not renewed thereafter, even after coming into force of TNRRRLT Act, 2017. Even after coming into force of TNRRRLT Act, 2017, inspite of several requests made by the respondent/landlord, the petitioner/tenant failed and neglected to co-operate for renewal of rental agreement. Hence, the respondent/landlord sought for eviction under Sec. 21(2)(a) of TNRRRLT Act, 2017 for failure of the parties to enter into an agreement in writing. The respondent also alleged that the petitioner was a chronic defaulter and failed to pay rent regularly and sought for eviction on the ground of default in payment of rent.