R ABSAR HUSSAIN Vs. SETHUKARAI NADAR

JUDGEMENT

(1.) This Civil Revision Petition has been filed challenging the fair and executable order dated 08.08.2017 passed in I.A.No.100 of 2017 in R.C.A.No.36 of 2016 on the file of the Principal Subordinate Judge cum Rent Control Appellate Authority, Madurai.

(2.) The facts of the case, in nutshell, are as follows:

(3.) The learned Counsel for the petitioners would submit that the respondent herein has leased out the subject property to one Nizar and the said Nizar has sub leased the same to the petitioners herein. Therefore, the landlord-tenant relationship exists only between the respondent and the said Nizar. So, the respondent can demand rent/arrears of rent, whatever it may, only from the said Nizar and not from the petitioners herein. If the petitioners are construed to be the tenants, then their landlord is the said Nizar, who can claim rent/arrears of rent from them and not the respondent herein. Therefore, the respondent cannot file an application under Section 11 of the Act.