ALAMELU Vs. S SUBAS CHANDRA BOSE

JUDGEMENT

(1.) THIS civil revision petition is filed by the aggrieved landlord against the order of the Rent Tribunal (Subordinate Judge) Mayuram, passed in R.T.C.M.A. No. 8 of 1980.

(2.) THE facts of the case are briefly as follows:-

(3.) ON a reading of section 14 of the Act, it is clear that a certified extract of the tenancy record will have to accompany every application for fixation of fair rent and if such a certified copy is not annexed along with the application, the Courts are only empowered to grant time for production of such Certified copy and if inspite of granting time, such certified copy is not produced, the Rent Court has no other alternative except to reject the application. No doubt, such rejection will not bar the tenant from filing a fresh application enclosing the certified copy of the tenancy record. In this case, I find that the whole enquiry has been proceeded with before the Rent Court without a certified copy of the tenancy record and such certified copy seems to have been received by way of additional evidence only by the Rent Tribunal (Subordinate Judge) by means of an application for receiving the certified extract as additional evidence in the appeal. Such procedure is not contemplated under section 14 of Act X of 1969, and the procedure adopted by the Rent Tribunal in receiving the certified copy of the tenancy record in the appeal proceedings is not in accordance with the provisions of Act X of 1969, and the rules framed thereunder. Hence I have no other alternative except to set aside the order of the Rent Tribunal (Subordinate Judge), Mayuram passed in R.T.C.M.A. No. 8 of 1980 and remand the matter back to the Rent Court for proceeding with the enquiry in accordance with law. It is for the Rent Court to decide whether to return the application or to grant time to the tenant to produce a certified copy of the tenancy record and on such production proceed with the enquiry afresh. Both the parties are at liberty to take all the pleas available to them under law and also at liberty to let in additional evidence. There will be no order as to costs. SAPNA