R. KALAIVANI Vs. S. KRUSHNAN

JUDGEMENT

(1.) The Civil Revision Petition has been instituted under Article 227 of the Constitution of India challenging the order dtd. 20/10/2022 passed in M.P.No.2 of 2022 in RLTOP No.139 of 2021. The revision petitioner is the land lord, who instituted the petition in RLTOP No.139 of 2021 to evict the respondent / tenant from the said premises on the ground that the revision petitioner has not entered into an agreement with the respondent / tenant. The petition was filed under Sec. 21(2)(a) of the TN Act 42 of 2017.

(2.) The grievance of the revision petitioner is that during the pendency of rent control proceedings, the respondent / tenant has not paid the admitted monthly rent of Rs.70,000.00.

(3.) The learned counsel for the petitioner contended that the petitioner is a divorced woman and depending on the rental income for leading her livelihood. Since the respondent / tenant has not paid the rent for the past about fourteen months from the month of December 2021 to till date, she has not been able to lead her livelihood and, therefore, filed the miscellaneous petition in M.P.No.2 of 2022 for a direction to pay the monthly rent punctually to the revision petitioner. The Rent Court adjudicated the issues and made the finding that the miscellaneous petition for claiming arrears of rent under Sec. 25 of the RLTOP Act is not maintainable since the eviction petition was filed under Sec. 21(2)(a) of the Act. The learned counsel for the petitioner reiterated that the land lord is entitled for monthly rent which is admitted by the respondent / tenant. Thus, the trial Court committed an error in rejecting the application.