M/S. Lisna Enterprises Private Limited v. K. Malathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2022 CORAM : JUSTICE N.SESHASAYEE and C.M.P.No.4551 of 2022 1.M/s.Lisna Enterprises Private Limite Represented by its Chairman Mr.B.Nazrullah Registered Office at No.4/2, 6th Trust Cross Street Mandavellipakkam Chennai - 600 028.

2.H.Mohammed Barkath Sultan ... Petitioners / Respondents / Respondents Vs.

K.Malathi ... Respondent / Petitioner / Appellant Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order passed in M.P.No.1 of 2021 in R.L.T.O.P.No.222 of 2020, dated 05.01.2022, on the file of XII Court of Small Causes, Chennai, and allow the civil revision petition. For Petitioners :

Mr.M.Manikanda Raj For Respondent :

Mr.P.B.Balaji 1/4

ORDER

The revision is preferred by the tenants against the order passed by the Rent Court in M.P.No.1 of 2021 in R.L.T.O.P.No.222 of 2020, directing the tenants to deposit the entire arrears of rent. This is in challenge.

2. The monthly rent payable for the premises is Rs.1,80,000/-, and it is agreed on both sides that the rent would be remitted through cheques after deducting TDS.

3. The learned counsel for the revision petitioners submitted that due to COVID circumstances, the commercial activities of the revision petitioner did not raise adequate income for them to pay the rents. The learned counsel submitted that a sum of Rs.15.0 lakhs has already been paid to the landlord. This is admitted by the landlord, and according to her, even after adjusting this Rs.15.0 lakhs, the outstanding rental arrears is about Rs.38.0 lakhs.

4. In the meantime, this Court is informed that the Rent Controller has 2/4

passed an order of eviction on all the three grounds namely : (a) wilful default; (b) own occupation; and (c ) misuse of property.

5. Challenging the same, the tenants have preferred R.L.T.A.No.34/2022, and it is pending before the appellate authority.

6. Even as this Court was in the middle of the hearing, the counsel for for the landlord made a statement that the tenants have vacated, but they have not handed over the keys.

7.Inasmuch as the tenants have preferred R.L.T.A.No.34/2022, it would be appropriate for them to raise the same issue before the appellate authority. The revision is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

20.04.2022 Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order ds 3/4

N.SESHASAYEE.J., ds To:

The Judge XII Court of Small Causes Chennai.

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