J.R. Chandresh v. Jeyanthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN CRP(PD)No.248 of 202 J.R.Chandresh ... Petitioner Vs Jeyanthi ... Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Rent Court to take up the case on file and decide the issue on merits.

For Petitioner : Ms.V.J.Latha

O R D E R

The order challenged in this revision is an order returning the petition filed by the petitioner under the provisions of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, on the ground that there is no registered tenancy. 2.I had considered the remedies that are available to a landlord 1/3

under the provisions of the said enactment in CRP.Nos.3056 of 2021 etc. batch dated 25.01.2022. I have concluded that in cases where the tenancy is created after the enactment of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, which are not covered by the registered instrument, the remedy of the landlord will be a civil suit and not a petition under the enactment. Hence, this civil revision petition is disposed of with liberty to the petitioner to file a suit after determining the tenancy under Section 106 of the Transfer of Property Act. No costs. 03.02.2022 vs Index: No Speaking order To:

1.The Rent Court, Chennai.

2.The Section Officer, VR Section, Madras High Court, Chennai.

2/3

R.SUBRAMANIAN, J.

vs 03.02.2022 3/3