LAWS(MAD)-2023-1-161

R. VENKATESAN Vs. M. AVINASH

Decided On January 09, 2023
R. VENKATESAN Appellant
V/S
M. Avinash Respondents

JUDGEMENT

(1.) The civil revision petition has been filed under Article 227 of the Constitution of India, challenging the order dtd. 26/9/2022 passed in R.L.T.A.No.14 of 2022 confirming the order of eviction passed by the Rent Court in R.L.T.O.P.No.390 of 2021 dtd. 20/12/2021.

(2.) The revision petitioner is the tenant and the respondent / landlord instituted eviction proceedings under the T.N. Act 42 of 2017 before the Rent Court. The Rent Court adjudicated the issues between the parties elaborately and passed an order of eviction under Sec. 21(2)(a) of the New Act. Consequently, the revision petitioner / tenant was directed to vacate and hand over the vacant possession of the application schedule premises within a period of one month from the date of passing of the order in R.L.T.O.P i.e. on 20/12/2021. The tenant preferred an appeal in R.L.T.A.No.14 of 2022 and the Rent Tribunal confirmed the order passed by the Rent Court on 26/9/2022.

(3.) The tenant is continuing in the subject premises for the past about 40 years and considering the facts and circumstances, both the Rent Court and Rent Tribunal passed the order of eviction. During the course of arguments, this Court also formed an opinion that there is no acceptable ground for the purpose of considering this civil revision petition filed by the petitioner / tenant and at that point of time, the learned counsel for the petitioner requested for adjournment for the purpose of seeking further instructions from the revision petitioner to vacate the subject premises.