Madras High Court
Annapoorani vs P.Devaraj on 14 September, 2022
C.R.P.No.2861 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.No.2861 of 2022
and
C.M.P.No.15512 of 2022
Annapoorani ... Petitioner
vs
P.Devaraj ... Respondent
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution
of India, praying to set aside the fair and decretal order dated 20.04.2022
made in I.A.No.5 of 2022 in RLTOP No.1 of 2021 on the file of the Learned
Principal District Munsif Court, Erode by allowing this Civil Revision
Petition.
For Petitioner : Mr.R.T.Vishnu
for Mr.N.Manoharan
For Respondent : Mr.J.Titus Enock
ORDER
The Civil Revision Petition is filed by the revision petitioner, challenging the order passed by the Rent Court-cum-Principal District Munsif Court, Erode in I.A.No.5 of 2022 in R.L.T.O.P.No.1 of 2021, dated 20.04.2022.
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2. The respondent herein filed a petition for repossession of demised property against the petitioner in R.L.T.O.P. No.1 of 2021. The respondent sought for eviction mainly on the ground of default in payment of rent from March – 2020.
3. The petitioner herein filed a detailed counter, wherein she denied very jural relationship of landlord and tenant. Further, she also claimed that adverse possession over the subject matter of the revision petition.
4. The matter was taken up for enquiry and PW.1 was examined on behalf of the respondent/landlord. When the matter was posted for cross examination of PW.1, the revision petitioner has filed a petition seeking leave of the court to file additional counter and the said application was dismissed by the learned Rent Court. Aggrieved by the same, the petitioner/tenant has come up with this revision.
5. The perusal of main counter filed by the revision petitioner and the additional counter filed along with petition seeking leave of the court to file 2/8 https://www.mhc.tn.gov.in/judis C.R.P.No.2861 of 2022 additional counter make it clear that in the additional counter, the petitioner has not raised any new plea, she only reiterated her earlier plea of denial jural relationship and claim of adverse possession. Therefore, the Court below rightly dismissed the petition for reception of additional counter on the ground that the petitioner is not entitled to file additional counter, just for reiterating earlier plea raised by her.
6. The learned counsel for the petitioner relied on the decision of the Apex Court reported in (2009) 15 SCC 528 in the case of Olympic Industries vs. Mulla Hussainy Bhai Mulla Akberally, for the proposition that the delay in filing petition is not a ground to reject the prayer for filing additional pleadings. Though the delay is not a ground to reject the petition seeking leave of the court to file additional counter, the perusal of the additional counter filed by the revision petitioner make it clear that she had not raised any new grounds of defence in the additional counter. She only reiterated various pleas, she raised in her comprehensive counter already filed. When there is no legal necessity to file additional counter and points sought to be raised in the additional counter were already on record in the main counter, the very 3/8 https://www.mhc.tn.gov.in/judis C.R.P.No.2861 of 2022 additional counter sought to be filed by the revision petitioner appear to be misconceived.
7. The learned counsel for the petitioner submitted that the eviction petition itself is not maintainable due to the absence of landlord and tenant relationship between the parties. The revision petitioner already raised this point in an elaborate manner in the detailed counter filed by her and for raising this issue by way of additional counter, is not necessary.
8. The eviction petition was filed by the respondent under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. Section 36 of the said Act, deals with the procedure to be followed by the Rent Court and Rent Tribunal and the same is as follows:-
“36. Procedure of Rent Court and Rent Tribunal.— (1) Subject to any rules that may be made under this Act, the Rent Court and the Rent Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and shall have power to regulate their own procedure, and the Rent Court shall follow the following procedure, namely:— 4/8 https://www.mhc.tn.gov.in/judis C.R.P.No.2861 of 2022
(a) the landlord or tenant may file an application before the Rent Court accompanied by affidavits and documents, if any;
(b) the Rent Court, then, shall issue notice to the opposite party, accompanied by copies of application, affidavits and documents;
(c) the opposite party shall file a reply accompanied by affidavits and documents, if any, after serving a copy of the same to the applicant;
(d) the applicant may file a rejoinder, if any, after serving the copy to the opposite party;
(e) the Rent Court shall, then, fix a date of hearing and may hold such summary inquiry as it deems necessary.
(2) In every case, before the Rent Court and the Rent Tribunal, the evidence of a witness shall be given by affidavit.
However, the Rent Court and the Rent Tribunal, where it appears to it that it is necessary in the interest of justice to call a witness for examination or cross-examination, such witness can be produced and may order attendance for examination or cross examination of such a witness.
(3) The provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908) regarding service of summons shall be applicable mutatis mutandis for service of notice by the Rent 5/8 https://www.mhc.tn.gov.in/judis C.R.P.No.2861 of 2022 Court or Rent Tribunal.
(4) Every application or appeal, shall be, as far as possible, in the forms as may be prescribed.
(5) The Rent Court shall not ordinarily allow more than three adjournments at the request of a party throughout the proceedings and in case it decides to do so, it shall record the reasons for the same in writing and order the party requesting adjournment to pay the reasonable cost.
(6) (a) All applications under clauses (a), (b), (c), (e), (f) and (h) of sub-section (2) of section 21 shall be decided within 90 days of filing of application to the Rent Court;
(b) Applications under clauses (d) and (g) of sub-section (2) of section 21 shall be decided within 30 days of filing of application to the Rent Court.”
9. The reading of the above provisions make it clear that the Rent Court is not bound by the rules laid down in Code of Civil Procedure, except regarding procedure for service of summons. The enquiry contemplated under the Act, is summary in nature. The Rent Court is not bound by the rules of pleadings as in the case of civil matters. The object of the enactment is to dispose the petition filed before the Rent Court as expeditiously as possible. 6/8 https://www.mhc.tn.gov.in/judis C.R.P.No.2861 of 2022
10. In these circumstances, the petitioner/tenant is not entitled to file her pleadings in installments especially when she has no material new plea to raise by way of additional counter. I do not find any illegality or irregularity in the order passed by the Rent court.
11. Accordingly, the Civil Revision Petition is dismissed as devoid of any merits. No costs. Consequently, the connected civil miscellaneous petition is closed.
14.09.2022
Index : Yes / No
Speaking Order : Yes / No
dm
To
The Principal District Munsif Court,
Erode.
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C.R.P.No.2861 of 2022
S.SOUNTHAR , J.
dm
C.R.P.No.2861 of 2022
14.09.2022
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