(1.) This Civil Revision Petition is filed by the Respondents in R.L.T.O.P. No.65 of 2019 on the file of the learned XII Judge, Court of Small Causes, Chennai, seeking to strike off the said Petition.
(2.) The learned Counsel for the Revision Petitioners contended that the Respondent in this Civil Revision Petition is the Petitioner/Landlord in R.L.T.O.P. No.65 of 2019. The learned Counsel for the Revision Petitioners further submitted that R.C.O.P. No.1576 of 2017 was filed by the mother of the Landlord against the Revision Petitioners/Tenants under Sec. 14(1)(a) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, for the relief of eviction of the Tenants from the leased out property on the ground of Demolition and Reconstruction. R.C.O.P. No.706 of 2018 was filed by the Landlord/Respondent herein under Sec. 4(1) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, for the relief of fixation of Fair Rent of the leased out premises. While so, pending the two Rent Control Original Petitions on the file of the learned XII Judge, Court of Small Causes, Chennai, under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, the Landlord/Respondent herein had filed R.L.T.O.P. No.65 of 2019 before the learned XII Judge, Court of Small Causes, Chennai, under the new enactment viz., the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. As per the provisions of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, any proceeding under the old Act, if filed and pending, had to be withdrawn or the same had to be continued, and a Petition under the new Act cannot be filed during the pendency of the Petition filed under the old Act. In this case, R.C.O.P. No.1576 of 2017 was filed by the mother of the Landlord against the Tenants/Revision Petitioners in this Revision Petition and R.C.O.P. No.706 of 2018 was filed by the Landlord/Respondent herein against the Tenants/Revision Petitioners herein. The Revision Petitioners are the Respondents in R.C.O.P. No.1576 of 2017 and R.C.O.P. No.706 of 2018, before the learned XII Judge, Court of Small Causes, Chennai. While so, a Petition under Sec. 21 read with Sec. 22 of the new enactment viz., the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, cannot be filed and the same is not maintainable.
(3.) The learned Counsel for the Revision Petitioners invited the attention of this Court to Sec. 47 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, which reads as follows: