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Madras High CourtCRP/2077/2025allowed

N. Srikanth v. S.Dhanasekaran

2025-07-14Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI N.Srikanth ... Petitioner Vs.

S.Dhanasekaran ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the rejection order dated 10.02.2025 made in R.L.T.O.P.SR.No.7619 of 2024 on the file of the Small Causes Court, Chennai.

For Petitioner : Mr.Babu Rangasamy for M/s.Babu Rangasamy Associates For Respondent : No appearance 1/4

O R D E R

The revision petitioner is the landlord whose RLTOP was rejected even without being numbered on the ground that the agreement itself came into existence after the commencement of the new Enactment, namely, the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017.

2. Heard the learned counsel appearing for the revision petitioner.

3. The learned counsel appearing for the revision petitioner would invite my attention to the order of this Court in C.R.P.No.4764 of 2024 dated 25.11.2024, wherein this Court, following the ratio laid down in the case of Andal vs. Lawrence Swami Doss reported in 2024 (2) CTC 423, held that any written agreement if not being in accordance with the new Enactment, then it cannot be treated as an agreement under Section 4(2) of the Act and consequently, the benefits under the Act can be availed of by the landlord.

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4. In the light of the said decision, I am inclined to set aside the rejection order dated 10.02.2025 passed in R.L.T.O.P.SR.No.7619 of 2024 by the Small Causes Court, Chennai.

5. Accordingly, this Civil Revision Petition is allowed with a direction to the revision petitioner to re-present RLTOP.SR.No.7619 of 2024. On such re-presentation, the Small Causes Court, Chennai shall take RLTOP.SR.No.7619 of 2024 on file and number the same. There shall be no order as to costs.

14.07.2025 Speaking Order/Non-speaking Order Index : Yes / No ssb To The Small Causes Court, Chennai.

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P.B. BALAJI,J.

ssb 14.07.2025 4/4