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Badrunnisa Begum Vs. H. Palani Ambalam and anr. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai High Court
Decided On
Reported in(1977)1MLJ362
AppellantBadrunnisa Begum
RespondentH. Palani Ambalam and anr.
Excerpt:
- .....rent control) act, to stop all further proceedings in r.c.o.p. no. 32 of 1974 on the file of the rent controller's court, pudukkottai and to direct the respondents to put the petitioner in possession of the property which is the subject-matter of the said r.c.o.p. the revision-petitioner is the owner of the building which is in the occupation of the respondents herein as tenants on a monthly rent of rs. 40. a petition for eviction was filed by the landlady before the learned rent controller, pudukkottai, inter alia on the ground of wilful default in the payment of rent and sub-lease without the permission of the landlady. the petition was dismissed by the learned rent controller. an appeal preferred before the learned appellate authority was also dismissed. the landlady has filed' the.....
Judgment:
ORDER

S. Suryamurthy, J.

1. This is a petition under Section 11 (4) of the Tamil Nadu Buildings (Lease and Rent Control) Act, to stop all further proceedings in R.C.O.P. No. 32 of 1974 on the file of the Rent Controller's Court, Pudukkottai and to direct the respondents to put the petitioner in possession of the property which is the subject-matter of the said R.C.O.P. The revision-petitioner is the owner of the building which is in the occupation of the respondents herein as tenants on a monthly rent of Rs. 40. A petition for eviction was filed by the landlady before the learned Rent Controller, Pudukkottai, inter alia on the ground of wilful default in the payment of rent and sub-lease without the permission of the landlady. The petition was dismissed by the learned Rent Controller. An appeal preferred before the learned Appellate Authority was also dismissed. The landlady has filed' the civil revision petition pending in this Court. During the pendency of the civil revision petition, an order was passed on 15th December, 1976 by Mr. Justice V. Ramaswami, directing the respondents to deposit the entire arrears of rent before 3rd January,. 1977. The petition, was directed to be called on 4th January, 1977. The respondents have not paid any amount towards arrears of rent till to date. The petitioner contends that the respondents have not paid the rent for five years amounting in all to a sum of Rs. 2,080 as on the date of this petition. The respondents, however, contend that they have not paid the rent only for a period of 28 months i.e., the rent due from the date of the institution of the proceedings for eviction before the learned Rent Controller. But even this amount is not tendered now. The directions of this Court dated 15th December, 1976 have not been complied with. Therefore, this petition under Section 11 (4) of the Tamil Nadu Buildings (Lease and Rent Control) Act (to be referred to hereinafter as the Act), has been filed by the landlady.

2. It is not now disputed by the learned' counsel for the second respondent that no amount has so far been paid or deposited into Court by either of the respondents in compliance with the directions of this Court. However he contend s that as the tenants are not the civil revision petitioners, the provisions of Sections 11 (1) and 11 (4) of the Act are not applicable and the tenants cannot be directed to put the landlady in possession merely because they have not paid the arrears. 1 am unable to accept this strained construction of Sections 11(1) and 11 (4) of the Act. Section. 11(1) is to the effect that no tenant against 'whom an application for eviction has been made by a landlord under Section 10 shall be entitled to contest the application before the Controller under that section or to prefer any appeal under Section 23 against any order made by Controller on the application, unless he has paid or pays to the landlord, or deposits with the Controller or the Appellate Authority, as the case may be, all arrears of rent due in respect of the building up to the date of payment of -deposit and continues to pay or to deposit any rent which may subsequently become due in respect of the building until the termination of the proceedings before the Controller or the Appellate Authority, as the case may be. The civil revision petition is a continuation of the proceedings instituted for the eviction of the tenant before the learned Rent Controller. The petition was filed, under Section 10 of the Act. As the civil revision petition is a continuation of the proceedings before the Controller what applies to a petition before the Controller under Section 10 or to an appeal before the learned appellate authority under section. 23, applies equally to a petition in revision in this Court. The tenants are not entitled to contest the revision unless and until they pay or deposit the rent due by way of arrears. As they have not paid the arrears to the landlady or deposited the same in Court, all further proceedings are stopped and the tenants are directed to put the landlady in possession of the building.


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