H.BALARAMAN Vs. C.BALASUNTHARAM

JUDGEMENT

(1.) Challenging the order dtd. 6/11/2023 made in R.L.T.A.No.72 of 2022 on the file of the learned XXIII Additional Judge, City Civil Court, Chennai (Rent Tribunal) thereby confirming the order made in R.L.T.O.P.No.464 of 2021 dtd. 18/4/2022 on the file of the learned XII Judge, Court of Small Causes, Chennai (Rent Court), the present Revision Petition has been filed.

(2.) The Revision Petitioner was a tenant of a commercial shop owned by the 1strespondent herein to an extent of 116 sq.ft. from the year 1990 and no rental agreement has been entered into between the parties. Now, the present rent is Rs.5,000.00, which was agreed between the parties in the year 2011. The 1strespondent herein had filed an application under Sec. 21(2)(a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (in short 'the Act, 2017') for eviction of the revision petitioner.

(3.) The main argument put forth by the revision petitioner before the Trial Court was that as per the Act, 2017, there was no rental agreement entered into or registered with the Rent Authority and de hors the same, the 1strespondent herein has been attempting to evict the revision petitioner on false ground. The fault on the part of the 1strespondent in not entering any agreement with the revision petitioner cannot be taken advantage so as to invoke Sec. 21(2)(a) of the Act, 2017.