Madras High Court
K.Muralidharan vs Ramanathan on 9 March, 2020
Author: R. Tharani
Bench: R. Tharani
C.R.P.(PD)(MD)No.739 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 09.03.2020
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
C.R.P.(PD)(MD)No.739 of 2009
and
MP(MD)No.1 of 2009
K.Muralidharan ... Petitioner/Respondent/
Petitioner/Tenant
Vs.
1.Ramanathan
2.Anandhavalli
3.Mahadevan ... Respondents/Appellants/
Respondents/landlords
Prayer : This Civil revision petition is filed under Article 227 of the Constitution
of India, to set aside the order dated 30.01.2009 passed in R.C.A.No.5 of 2008
on the file of Rent Control Appellate Authority/Subordinate Judge,
Ramanathapuram, reversing the order passed in R.C.O.P.No.11 of 2007 on the
file of Rent Control Authority/District Munsif-cum- Magistrate, Rameswaram.
For Petitioner : Mr.I.Irulappan
For Respondents : Mr.R.Sundar
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C.R.P.(PD)(MD)No.739 of 2009
ORDER
The revision petitioner has filed the present Civil Revision Petition as against the order dated 30.01.2009 passed in R.C.A.No.5 of 2008 by the Rent Control Appellate Authority/Subordinate Judge, Ramanathapuram, reversing the order dated 31.01.2008 passed in R.C.O.P.No.11 of 2007 by the Rent Control Authority/District Munsif cum Magistrate, Rameswaram.
2. The case of the revision petitioner that he is running a Travels in the respondents' premises under the name and style of “Bharath Travels” for the past 10 years on rental basis. In this regard, a rental agreement was executed between the revision petitioner and the respondents. At the time of execution of the said agreement, the rent was fixed at Rs.300/- p.m. and the respondents had received a sum of Rs.10,000/- as advance. Thereafter, the rent was enhanced to Rs.600/- and subsequently, it was enhanced to Rs.800/- p.m. from 04.04.2003 and the advance amount was enhanced to Rs.50,000/-. The revision petitioner has also paid the advance amount of Rs.50,000/- and also paid the monthly rent amount of Rs.800/- regularly on or before 5th day of every English Calender month. While so, the respondents, on 21.05.2007 informed the revision petitioner that they wanted to rent out the premises for higher rent and therefore, they compelled him to vacate the premises. The revision petitioner also expressed his difficulties in shifting his business to other place and also requested them to give time to vacate the premises. 2/7 http://www.judis.nic.in C.R.P.(PD)(MD)No.739 of 2009
3. Despite his request, the respondents threatened the revision petitioner and compelled him to vacate the premises. Thereafter, the respondents refused to receive the rent from the month of May 2007. The revision petitioner sent the rent amount through Money Order, that was also denied by the respondents. Apart from that, the revision petitioner asked the respondents to give their account number to pay the rent amount. However, they refused to do the same. Therefore, the revision petitioner filed a Rent Control Original Petition in R.C.O.P.No.11 of 2007 in the Rent Control Authority (District Munsif cum Magistrate), Rameswaram, seeking permission of the Court to permit him to deposit the rent of Rs.800/- p.m. from the month of May 2007 in the Court. The Rent Control Authority, by order dated 31.01.2008, allowed the said petition. Aggrieved over the same, the landlord filed an appeal in R.C.A.No.5 of 2008 before the Rent Control Appellate Authority (Sub Court, Ramanathapuram). But, the Rent Control Appellate Authority (Sub Court, Ramanathapuram), by order dated 30.01.2009, allowed the appeal by reversing the findings of the Rent Controller. Aggrieved over the same, the revision petitioner/tenant has filed the present Civil Revision Petition.
4. The learned counsel appearing for the revision petitioner submitted that though the revision petitioner has been regularly paying the rent amount, the respondents wantonly refused to receive the rent amount. Therefore, 3/7 http://www.judis.nic.in C.R.P.(PD)(MD)No.739 of 2009 there is no willful default in payment of rent. Further, the landlords has not mentioned any sufficient cause for own occupation, but, simply stated that they want higher rent. The revision petitioner wants to deposit the rent amount in Court. The Rent Controller, after considering the facts and circumstances of the case, allowed the RCOP and directed the revision petitioner to deposit the rent amount in Court. Therefore, there is no discrepencies in the order of the Rent Control Appellate Authority. However, the Rent Control Appellate Authority, without considering the facts and circumstances of the case, reversed the findings of the Rent Controller. Further, this Civil Revision Petition is pending from the year 2009. From the year 2009, the respondents are dragging on the matter neither receiving the rent amount nor allowing the petitioner to deposit the same in the Court.
5. Heard the learned counsel appearing for the respondents.
6. Considering the facts and circumstances of the case, without prejudice to the matter in dispute in CRP(MD)No.808 of 2009 and without prejudice to the rights of the respondents, this Court is inclined to allow this petition and to permit the revision petitioner to deposit the rent amount in the Court. If at all the landlords want to evict the tenant, they are at liberty to initiate separate proceedings.
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7. Accordingly, this Civil Revision Petition is allowed. The order dated 30.01.2009 passed in R.C.A.No.5 of 2008 by the Rent Control Appellate Authority/Subordinate Judge, Ramanathapuram, is set aside and the order dated 31.01.2008 passed in R.C.O.P.No.11 of 2007 by the Rent Control Authority/District Munsif cum Magistrate, Rameswaram is hereby confirmed.
8. The revision petitioner shall deposit the arrears of rent amount to the credit of R.C.O.P.No.11 of 2007 on the file of the Rent Control Appellate Authority (District Munsif cum Magistrate), Rameswaram, within a period of one month from the date of receipt of a copy of this order. Further, the revision petitioner shall pay the monthly rent of Rs.800/- in the Court Deposit on or before 5th day of every English Calender month.
09.03.2020
Index : Yes/No
Internet : Yes/No
Speaking order/Non-Speaking order
dss
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C.R.P.(PD)(MD)No.739 of 2009
To
1.The Rent Control Appellate Authority/Subordinate Judge, Ramanathapuram.
2.The Rent Control Authority/District Munsif-cum- Magistrate, Rameswaram.
3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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dss C.R.P.(PD)(MD)No.739 of 2009 and MP(MD)No.1 of 2009 09.03.2020 7/7 http://www.judis.nic.in