V.S. MOHAN Vs. SARATH NASEERA

JUDGEMENT

(1.) This Civil Revision Petition arises against the Order passed by the learned XV Small Causes Judge-cum-Rent Controller at Chennai in M.P. No.1 of 2022 in R.L.T.O.P. No.497 of 2022, dtd. 2/2/2023. The relationship between the parties is not in dispute. The Civil Revision Petitioner is a Tenant of the premises being owned by the Respondents/ Landlords.

(2.) For the sake of convenience, the parties shall be referred to as Landlords and Tenant.

(3.) The Landlords initiated R.LT.O.P. No.497 of 2022 seeking for eviction. The Petition was filed invoking the provisions of Sec. 21(2)(a) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (for brevity 'Tamil Nadu Act 42 of 2017'). Their simple case is that a Petition was filed for fixation of fair rent in R.C.O.P. No.1812 of 2008 and the said Petition was ordered fixing the fair rent at Rs.4,220.00 per month. An Appeal preferred therefrom in R.C.A. No.559 of 2010 came to be dismissed on 26/10/2017. Despite the fixation of the fair rent having attained finality, the Landlords pleaded that the Tenant had not paid the same. Therefore, they decided that they did not want the Tenant in their premises any more. Treating his conduct as unscrupulous, they invoked the provisions of the New Legislation under Sec. 21(2)(a) of the Tamil Nadu Act 42 of 2017.