LAWS(MAD)-2023-1-384

MAHENDRA KUMAR Vs. SANTHOSH KUMAR

Decided On January 05, 2023
MAHENDRA KUMAR Appellant
V/S
SANTHOSH KUMAR Respondents

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the fair and decreetal order dtd. 9/11/2022 passed in M.P.No.2 of 2022 in R.L.T.O.P.No.743 of 2021.

(2.) The respondent / landlord filed R.L.T.O.P.No.743 of 2021 for eviction. The revision petitioner / tenant, during the pendency of the R.L.T.O.P, filed M.P.No.2 of 2022 under Sec. 36 (1) (a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (T.N.Act 42 of 2017) [hereinafter referred to as 'TNRRRLT Act'] to stay all further proceedings in R.L.T.O.P.No.743 of 2021. The Rent Court adjudicated the issues and dismissed the Miscellaneous Petition. Challenging the said order, the present Civil Revision Petition is filed.

(3.) The revision petitioner states that he was ready and willing to execute the tenancy agreement and register the same as per the new Act. However, the respondent had incorporated exorbitant monthly rent of Rs.50,000.00 contrary to the existing monthly rent of Rs.2,000.00 and further, denied to incorporate the receipt of the amount of Rs.20,00,000.00 as pagadi. Thus, the tenancy agreement could not be entered into between the parties and on the ground of no agreement, the respondent filed an application to evict the petitioner. Thus, the petitioner filed the Miscellaneous Petition to stay R.L.T.O.P. proceedings mainly on the ground that the respondent / landlord refused to enter into an agreement and incorporated exorbitant monthly rent of Rs.50,000.00 contrary to the monthly rent. Under those circumstances, the agreement was not entered into between the parties, on account of the act of the respondent / landlord.