Indian Kanoon - Search engine for Indian Law

Unsuccessful landlord has preferred this Civil Revision Petition. One Sara Ghias, through her authorized agent Salma Fizza has filed an application in RLTOP.No.43 of 2024 under Sections 21(2)(a) & 21(2)(j) of the Tamil Nadu Regulations of Rights and Responsibilities of Landlords and Tenants Act, 2017 [hereinafter referred as “TNRRRLT Act”] against one Senthilkumar/tenant on the file of the District Munsif cum Judicial Magistrate Court at Sholinganallur seeking for the relief of direction to the respondent / tenant to vacate and handover the non-residential portion measuring about 250 Sq.Ft. in Door No.19/2 and 19/3, Plot No.18, Raja Nagar, Neelangarai, Chennai-600 041 to the landlord.

2. The respondent has filed a counter affidavit wherein it has been stated that Sara Ghias has no locus to maintain the present RLTOP, simply because of her own admission that title is not transferred in her favour after the demise of the original landlord Mr.Ishrat Imtiazuddin. It is true that the respondent was a tenant under Mr.Ishrat Imtiazuddin, the brother of the applicant, earlier from the year 2016 and the respondent was running a shop, measuring about 450 sq.ft. at https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/10/2025 10:20:36 pm )  CRP.(PD)Nos.3796 and 3798 of 2025 the above mentioned address and there are also other tenants in the same building, which is the petition mentioned property. A Rental Agreement was entered into by the respondent Mr.Senthilkumar and the said Mr.Ishrat Imtiazuddin on 01.06.2016. It is also stated that the shop is presently around 200 Sq.ft. after the highways had taken the part land. It is absolutely false to state that the respondent failed to enter into a fresh agreement and the same is put to strict proof of the same. The ownership after the demise of the respondent's owner is alleged to be vested with the applicant herein is totally false and there cannot be any transfer of ownership just by an understanding between the family members and the same should be supported by proper documentation as per law. It is further stated by Sara Ghias that after the demise of Mr.Ishrat Imtiazuddin / her brother, there are some issues between the applicant and her sisters. Later, respondent / tenant could see some third persons claiming on behalf of the applicant who came to the shop premises and demanded possession of the shop and when the same was reported to the applicant, she informed that they should wait for some time and they would tackle the issue among the relatives. The respondent/ tenant has also filed a suit as against the said Sara Ghias in https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/10/2025 10:20:36 pm )  CRP.(PD)Nos.3796 and 3798 of 2025 O.S.No.364 of 2024 on the file of the District Munsif Court, Sholinganallur seeking for the relief of Permanent Injunction not to vacate him except under due process of law.

5. In CRP.No.3796 of 2025, during the pendency of RLTOP proceedings, the tenant / Senthilkumar filed M.P.No.2 of 2025 in RLTOP No.43 of 2024 under Section 36(2) of TNRRRLT Act, seeking to permit the respondent/tenant to cross examine the applicant / Sara Ghias in the above RLTOP.No.43 of 2024. Similarly in respect of CRP.No.3798 of 2025, the tenant/Shanmugam filed M.P.No.1 of 2025 seeking to permit the respondent/tenant to cross examine the applicant / Sara Ghias in RLTOP.No.44 of 2024. Upon hearing either side, the Court below, vide order dated 11.08.2025 has allowed the aforesaid petitions on the ground https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/10/2025 10:20:36 pm )  CRP.(PD)Nos.3796 and 3798 of 2025 that opportunity may be given to the tenants to cross examine the landlord. Aggrieved over the same, the landlord has preferred the Civil Revision Petitions.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/10/2025 10:20:36 pm )  CRP.(PD)Nos.3796 and 3798 of 2025

14. In the result, these Civil Revision Petitions are allowed. The order dated 11.08.2025 made in M.P.No.2 of 2025 in RLTOP.No.43 of 2024 and the order dated 11.08.2025 made in M.P.No.1 of 2025 in RLTOP.No.44 of 2024 on the file of the District Munsif cum Judicial Magistrate Court at Sholinganallur are set aside. No costs.