G. KALAISELVI Vs. SUJARAM

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the order and decretal order dtd. 1/12/2022 made in I.A.No.3 of 2022 in RLTA No.35 of 2022 pending on the file of the XIX Additional City Civil Court, Chennai.

(2.) The revision petitioner is the landlord, instituted proceedings for eviction against the respondent/tenant in RLTOP.No.286 of 2021. Eviction was ordered against the respondent by the Rent Court under Sec. 21 (2) (a) and 23 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 [TN Act, 42 of 2017]. Challenging the said order of eviction, the respondent/tenant filed an appeal in RLTA.No.35 of 2022. Pursuant to the order of the Rent Tribunal in appeal, the respondent/tenant deposited a sum of Rs.5,00,000.00 (Rupees Five Lakhs only) and the revision petitioner/landlord filed an Interlocutory Application for withdrawal of the said amount on the ground that it is arrears of rent.

(3.) The Rent Tribunal dismissed the petition mainly on the ground that the respondent/tenant has stated that the revision petitioner/landlord was not in the habit of issuing rent receipt for the rent received by him. He claims that there is no arrears of rent and till date, he is paying the rent regularly. The landlord has not taken any steps as per Sec. 13 of the TN Act 42 of 2017 and the respondent/tenant also has not taken any steps as per Sec. 14 of the above said Act.