V. S. RANGANATHAN Vs. S. PANDIAN

JUDGEMENT

(1.) THE petitioner is aggrieved against the order made in RCA No. 238 of 2012 on the file of VIII Small Causes Court Judge/ Rent Control Appellate Authority, Chennai in confirming the order dated 27.02.2012 made in M.P. No. 499 of 2010 in RCOP No. 521 of 2009 by the Rent Controller and the XII Small Causes Court Judge, Chennai, in dismissing the application filed by the petitioner under Section 11(3) & (4) of the Tamilnadu Building (Lease & Rent Control) Act, 1960 seeking for a direction to the respondents to deposit the arrears of rent.

(2.) HEARD learned counsel for the petitioner and perused the material placed before this Court.

(3.) PER contra, it is the contention of the respondents that they are not the tenants in respect of the petitioner mentioned properties and there is no jural relationship of landlord - tenant exist between the parties. The learned Rent Controller, after considering the rival submissions of the parties and taking note of the specific objections raised by the respondents that there is no relationship of the landlord and tenant between the parties, dismissed the application on the ground that the same is not maintainable once the jural relationship between the parties is denied and disputed and until such relationship is established the petitioner cannot maintain such application. It is also further pointed out that such issue, as to whether the relationship of the landlord and tenant exists between the parties, has to be considered and decided only after conducting a trial. The said order was challenged by the petitioner before the Rent Controller and the XII Small Causes Court Judge, Chennai, who in turn confirmed the order of the Rent Controller.