CHURCH OF WORD Vs. K.DHANAJAYAN

JUDGEMENT

(1.) The Civil Revision Petition is filed challenging the order passed by the Rent Court dismissing the application filed by the petitioner/tenant seeking dismissal of the main RLTOP filed by the respondent/landlord seeking repossession of the demised premises under Sec. 21(2) (a) of the Tamil Nadu Regulations of Rights and Responsibilities of Landlord and Tenant Act, 2017 (hereinafter referred to as TNRRRLT Act).

(2.) The respondent herein filed main original petition seeking repossession on the ground that the petitioner failed to enter into rental agreement as per provisions of TNRRRLT Act. The petitioner/tenant filed an application under Sec. 37(1) (j) of TNRRRLT Act, seeking dismissal of the main original petition on the ground that originally the site of the demised premises was let out to the petitioner on 11/3/1992 with an understanding that the petitioner could put up a superstructure thereon to run the Church. Therefore, according to the petitioner, no building was let out to it and therefore, the petition for repossession filed by the respondent in respect of the building under TNRRRLT Act is not maintainable.

(3.) The Rent Court dismissed the application on the ground that the question whether the building was let out to the petitioner or only vacant site was let out to the petitioner was a matter to be decided at the time of final disposal of the case based on evidence. Aggrieved by the same, the petitioner has come before this Court.