CRP.No.1153 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.03.2025 CORAM THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA C.R.P.No.1153 of 2023 and CMP.No.8021 of 2023 --- 1.Mary Selva Madha 2.Abiraham ..Petitioners Vs 1.M.Selvi 2.Jayaraj ..Respondents Prayer: Civil Revision Petition filed under Section 25 of Tamil Nadu Lease and Rent Control Act of 1960, against the judgment and decree dated 20.01.2023 passed by the Sub Court/Rent Control Appellate Authority, Thiruvottiyur in R.C.A.No.4 of 2022 confirming the order and decreetal order 15.3.2021 made in M.P.No.1 of 2021 in R.C.O.P.No.14 of 2017 on the file of the Court of the Rent Controller/District Munsif, Thiruvottiyur. For Petitioners: Mr.G.Rajkumar For Respondents: Ms.R.Poornima 1/7 https://www.mhc.tn.gov.in/judis CRP.No.1153 of 2023 ORDER This revision has been filed seeking to set aside the judgment and decree dated 20.01.2023 passed by the Sub Court/Rent Control Appellate Authority, Thiruvottiyur, in RCA.No.4 of 2022 confirming the order and decreetal order dated 15.03.2021 made in M.P.No.1 of 2021 in RCOP.No.14 of 2017 on the file of the court of the Rent Controller/District Munsif, Thiruvottiyur. 2. The brief facts of the case is as follows:- The Revision petitioners are the respondents in RCOP.No.14 of 2017. The respondents/Landlords had filed Eviction Petition on the ground of wilful default in RCOP.No.14 of 2017. Respondents/Landlords also filed M.P.No.1 of 2021 under Section 11 (4) of Tamil Nadu (Buildings Lease and Rent Control) Act, 1960. The Rent Controller, by order dated 15.03.2021 allowed M.P.No.1 of 2021 and directed the petitioners/tenants to deposit a sum of Rs.3,05,000/- before the Court within one month from the date of order, failing which eviction order will be passed in the main RCOP. 3. Challenging the above said order passed in M.P.No.1 of 2021, the 2/7 https://www.mhc.tn.gov.in/judis CRP.No.1153 of 2023 petitioners/tenants have filed RCA.No.4 of 2022. The Rent Control Appellate Authority, by order dated 20.01.2023 dismissed the RCA and confirmed the order passed by the Rent Controller against which, the present CRP has been filed. 4. The learned counsel for the Revision Petitioners would submit that right from beginning, the petitioners have been questioning the ownership of the property and that is the reason for the petitioners not paying the rent, whereas the courts below, on wrong appreciation of facts directed the petitioners to deposit the amount. Against which, the present revision has been filed. The learned counsel would submit that, however, to show the bonafideness, the petitioners are ready to deposit the alleged arrears as on today and he would only seek the petitioners may be directed to contest the RCOP based on the defence raised by the petitioners. 5. The learned counsel for the respondents would submit that as on today, the petitioners are in arrears to the tune of Rs.5,65,000/-. She would further submit that the petitioners have not paid the rent from November 2015 and as on today, the amount of Rs.5,65,000/- remains to be paid and she would object the revision. She would also submit that the respondents are the owners 3/7 https://www.mhc.tn.gov.in/judis CRP.No.1153 of 2023 of the properties. 6. In reply, the learned counsel for the petitioners would submit that the main defence raised by the petitioners is only with regard to ownership of the property and the petitioners are disputing the ownership of the property as claimed by the respondents. However, the petitioners, in order to show their bonafide, are ready to deposit the alleged arrears to the credit of RCOP.No.14 of 2017 within two weeks and the petitioners may be permitted to contest RCOP on merits and he is also ready to cooperate for the early disposal of the RCOP. 7. In the order passed in M.P.No.1 of 2021 filed under Section 11(4) of Tamil Nadu (Buildings Lease and Rent Control) Act in R.C.O.P.NO.14 of 2017, the learned Judge had directed the petitioners/tenants to deposit a sum of Rs.3,05,000/- The order of the Rent Controller has been confirmed by the Rent Control Appellate Authority also. As on today, there is arrears of rent of Rs.5,65,000/-. However, in this case, the petitioners have challenged the Rent Controller Proceedings on the ground that the contesting respondents are not the owners of the property. In such circumstances, this court is of the opinion 4/7 https://www.mhc.tn.gov.in/judis CRP.No.1153 of 2023 that an opportunity could be given to the petitioners to contest their case, however, by imposing some conditions. 8. In view of the above, the order passed by the courts below are set aside on the following conditions:- (i) the petitioners shall deposit a sum of Rs.5,65,000/- which is claimed to be the arrears of rent to the credit of RCOP.No.14 of 2017 on or before 07.04.2025. (ii) The petitioners shall also continue to deposit monthly rents to the credit of RCOP.No.14 of 2017. (iii) On such deposit being made, the RCOP No.14 of 2017 shall be restored on the file of Rent Controller/District Munsif Thiruvottiyur. The Rent Controller shall take every endeavour for disposal of the RCOP.No.14 of 2017 within a period of three moths. (iv) The respondents shall not be allowed to withdraw the amount in deposit to the credit of RCOP.No.14 of 2017. 5/7 https://www.mhc.tn.gov.in/judis CRP.No.1153 of 2023 9. It is made clear that this court has not given any finding regarding the claim of the ownership of the property. The parties are at liberty to raise all grounds before the Rent Controller. It is also made clear that the petitioners should cooperate for the early disposal of the RCOP.No.14 of 2017. 10. The Civil Revision Petition stands allowed on the above terms. No costs. Consequently, connected Miscellaneous Petition is closed. 24.03.2025 nvsri To 1.The Learrned Judge, Sub Court /Rent Control Appellate Authority, Thiruvottiyur. 2. The Rent Controller/District Munsif, Thiruvottiyur. 6/7 https://www.mhc.tn.gov.in/judis CRP.No.1153 of 2023 A.D.JAGADISH CHANDIRA, J. nvsri C.R.P.No.1153 of 2023 24.03.2025 7/7 https://www.mhc.tn.gov.in/judis