N.Saravanan v. P.Kuppuraj

THE HIGH COURT OF JUDICATURE AT MADRAS Date : 11.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR CRP [NPD] No.2226 of 2025 N.Saravanan . . . Petitioner

Versus

P.Kuppuraj . . . Respondent PRAYER : Petition filed under Article 227 of Constitution of India to set aside the the docket return order dated 12.02.2025 passed by the III Additional District Munsif, Salem against unnumbered I.A.No. of 2025 in RLTOP.No.8 of 2021.

For petitioner : Mr.S.Chendur Eashwaran

O R D E R

Challenging the docket Order of the learned Rent Controller returning the application filed for reviewing the Order dated 12.02.2025, the present Civil Revision Petition has been filed.

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2. It is the contention of the learned counsel appearing for the petitioner that he had filed an application under Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act for eviction of the tenant which has been dismissed on the ground that landlord has not taken any steps to register the agreement within 575 days as mandated under section 4 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act. Further, it is his contention that the law is well settled and irrespective of failure of either party, if an agreement has not been entered, the same will give raise to cause of action for eviction. This aspect has not been considered by the Rent Controller. Therefore, in this regard a review application has been filed by the petitioner, which has not been taken on file and the same has been returned. Hence, the present Civil Revision Petition.

3. At the outset, this Court is of the view that no notice is required to the other side as the review application has been returned. Page 2 / 4

4. As the review application has been filed on legal position, the Rent Controller ought to have numbered the application and decided the same on its merits. Rather, the learned Rent Controller has returned the application. Hence, the Order of the Rent Controller has to be set aside.

5. Accordingly, this Revision is allowed and the docket Order of the Rent Controller dated 12.02.2025 is set aside and the learned Rent Controller shall number the review application and decide the same on its own merits after giving opportunity to all the parties. No costs. 11.06.2025 Index : Yes / No Internet: Yes Speaking/non speaking order vrc To, The III Additional District Munsif, Salem.

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N. SATHISH KUMAR, J.

vrc CRP NPD No.2226 of 2025 11.06.2025 Page 4 / 4