w w w . L a w y e r S e r v i c e s . i n



K. Balasubramaniam & Others v/s Sri Vinayagar Finance, Namakkal


Company & Directors' Information:- L & T FINANCE LIMITED [Amalgamated] CIN = U65990MH1994PLC083147

Company & Directors' Information:- S P FINANCE PRIVATE LIMITED [Active] CIN = U65990MH1979PTC021790

Company & Directors' Information:- V L S FINANCE LIMITED [Active] CIN = L65910DL1986PLC023129

Company & Directors' Information:- L R N FINANCE LIMITED [Active] CIN = U65921TN1992PLC089288

Company & Directors' Information:- S M FINANCE LTD [Active] CIN = L65999TG1984PLC004526

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = L65999WB1993PLC058107

Company & Directors' Information:- B R D FINANCE LIMITED [Active] CIN = U65910KL1995PLC009430

Company & Directors' Information:- T C I FINANCE LIMITED [Active] CIN = U65920MH1973PLC017042

Company & Directors' Information:- A. V. B. FINANCE PRIVATE LIMITED. [Active] CIN = U65993DL1992PTC049818

Company & Directors' Information:- S M L FINANCE LIMITED [Active] CIN = U65910KL1996PLC010648

Company & Directors' Information:- S B FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008268

Company & Directors' Information:- INDIA FINANCE LTD. [Active] CIN = L65110WB1984PLC050214

Company & Directors' Information:- J J FINANCE CORPORATION LTD [Active] CIN = L65921WB1982PLC035092

Company & Directors' Information:- G V S FINANCE PVT LTD [Strike Off] CIN = U65921TG1988PTC008269

Company & Directors' Information:- G T P FINANCE LIMITED [Active] CIN = U65921TZ1991PLC003149

Company & Directors' Information:- S R K FINANCE PRIVATE LIMITED [Active] CIN = U65910UP1994PTC016038

Company & Directors' Information:- R N FINANCE LIMITED [Active] CIN = U74899DL1988PLC034289

Company & Directors' Information:- J R D FINANCE LTD [Active] CIN = U65999WB1993PLC058107

Company & Directors' Information:- C K G FINANCE PRIVATE LIMITED [Active] CIN = U65910KL1996PTC010147

Company & Directors' Information:- L N FINANCE LTD [Active] CIN = U65923WB1991PLC052876

Company & Directors' Information:- R K FINANCE LTD [Active] CIN = L65921WB1983PLC035896

Company & Directors' Information:- V P C L FINANCE LIMITED [Active] CIN = U65920TG1996PLC023172

Company & Directors' Information:- J S M FINANCE PVT LTD [Active] CIN = U74140MP1995PTC009542

Company & Directors' Information:- I & D FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1991PTC021369

Company & Directors' Information:- L N FINANCE PVT LTD [Active] CIN = U65929AS1992PTC003766

Company & Directors' Information:- N B A FINANCE LIMITED [Strike Off] CIN = U74899DL1993PLC052393

Company & Directors' Information:- T P D FINANCE LIMITED [Strike Off] CIN = U67120RJ1994PLC008051

Company & Directors' Information:- R G L FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015809

Company & Directors' Information:- S K B FINANCE LIMITED [Amalgamated] CIN = U65999WB1996PLC082317

Company & Directors' Information:- J V FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC067873

Company & Directors' Information:- L C J FINANCE PVT. LTD. [Active] CIN = U65921WB1995PTC068809

Company & Directors' Information:- H L T FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1996PTC078128

Company & Directors' Information:- R N C P FINANCE LTD. [Dissolved] CIN = U67120WB1995PLC072339

Company & Directors' Information:- T T FINANCE LIMITED [Amalgamated] CIN = U67120DL1986PLC023168

Company & Directors' Information:- M M V R FINANCE LIMITED [Active] CIN = U65921TZ1997PLC007705

Company & Directors' Information:- D B FINANCE PRIVATE LIMITED [Active] CIN = U65191TN1989PTC016705

Company & Directors' Information:- C H P FINANCE PVT LTD [Active] CIN = U65921PB1992PTC012788

Company & Directors' Information:- S L B P FINANCE PRIVATE LIMITED [Active] CIN = U74899DL1990PTC041694

Company & Directors' Information:- R S FINANCE PVT LTD [Active] CIN = U65191WB1988PTC044144

Company & Directors' Information:- I C FINANCE PRIVATE LIMITED [Active] CIN = U65921UP1989PTC011236

Company & Directors' Information:- V K FINANCE PVT LTD [Strike Off] CIN = U67120WB1991PTC052140

Company & Directors' Information:- C AND N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921DL1998PTC094290

Company & Directors' Information:- C D R FINANCE LIMITED [Strike Off] CIN = U65910TG1995PLC022237

Company & Directors' Information:- J R FINANCE LIMITED [Active] CIN = U65921PB1996PLC017699

Company & Directors' Information:- I C S FINANCE LIMITED [Strike Off] CIN = U65921TZ1987PLC001991

Company & Directors' Information:- D D S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910DL1996PTC076165

Company & Directors' Information:- K V L FINANCE LIMITED [Strike Off] CIN = U65191TN1989PLC016715

Company & Directors' Information:- D A S FINANCE PVT LIMITED [Strike Off] CIN = U65921PB1993PTC012888

Company & Directors' Information:- U B FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1992PTC051300

Company & Directors' Information:- V L G FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910AP1997PTC027952

Company & Directors' Information:- E M S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921TZ1986PTC001789

Company & Directors' Information:- T D M FINANCE COMPANY PRIVATE LIMITED [Active] CIN = U65923KL1997PTC011601

Company & Directors' Information:- S. F. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018702

Company & Directors' Information:- D S L FINANCE PRIVATE LIMITED [Active] CIN = U65921TG1996PTC023898

Company & Directors' Information:- R D P FINANCE PRIVATE LIMITED [Active] CIN = U65929DL1997PTC089092

Company & Directors' Information:- S R K C FINANCE LIMITED [Amalgamated] CIN = U65999TZ1989PLC002445

Company & Directors' Information:- R K N FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC038377

Company & Directors' Information:- H A FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027064

Company & Directors' Information:- V V A FINANCE LTD [Active] CIN = U65993WB1984PLC037171

Company & Directors' Information:- Y B FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921CH1996PTC017745

Company & Directors' Information:- D G L FINANCE LTD [Strike Off] CIN = U67120TG1993PLC015604

Company & Directors' Information:- M S R FINANCE PVT LTD [Strike Off] CIN = U65191TN1989PTC016789

Company & Directors' Information:- S S P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1987PTC014526

Company & Directors' Information:- C R N FINANCE PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC062802

Company & Directors' Information:- I FINANCE COMPANY LIMITED [Active] CIN = U67110DL2011PLC212268

Company & Directors' Information:- SRI B L C PVT LTD [Active] CIN = U92111WB1981PTC033844

Company & Directors' Information:- H AND Z FINANCE PRIVATE LIMITED [Active] CIN = U67190MH1995PTC093153

Company & Directors' Information:- Y AND K FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC019837

Company & Directors' Information:- S L P FINANCE PRIVATE LTD. [Strike Off] CIN = U65923DL1985PTC021970

Company & Directors' Information:- V M FINANCE LIMITED [Strike Off] CIN = U65910PB1996PLC018339

Company & Directors' Information:- D S K FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010317

Company & Directors' Information:- G B V FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65110UP1988PTC010219

Company & Directors' Information:- B H FINANCE PRIVATE LIMITED [Strike Off] CIN = U65922KA1995PTC018390

Company & Directors' Information:- M .R .S . FINANCE LIMITED [Strike Off] CIN = U65929DL1995PLC067184

Company & Directors' Information:- H D FINANCE LTD [Strike Off] CIN = U67120DL1986PLC023675

Company & Directors' Information:- P R K FINANCE P LTD [Strike Off] CIN = U65191TN1995PTC033478

Company & Directors' Information:- T AND C FINANCE LIMITED [Strike Off] CIN = U67120RJ1996PLC012576

Company & Directors' Information:- W S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65192UP1996PTC020243

Company & Directors' Information:- S A C FINANCE COMPANY PVT LTD [Active] CIN = U65999WB1985PTC039002

Company & Directors' Information:- C C FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1997PTC037805

Company & Directors' Information:- S R B FINANCE LIMITED [Strike Off] CIN = U65910UP1988PLC010045

Company & Directors' Information:- P V FINANCE PRIVATE LIMITED [Strike Off] CIN = U65993DL1987PTC027270

Company & Directors' Information:- R V S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65990KA1995PTC018436

Company & Directors' Information:- P AND B FINANCE PVT LTD [Strike Off] CIN = U99999MH1986PTC038841

Company & Directors' Information:- B B P FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1996PTC018183

Company & Directors' Information:- A E FINANCE PRIVATE LIMITED [Active] CIN = U65999TZ1990PTC002905

Company & Directors' Information:- L R FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65910UP1988PTC009758

Company & Directors' Information:- S B M FINANCE LIMITED [Strike Off] CIN = U65921PB1994PLC014374

Company & Directors' Information:- T A S FINANCE PVT LTD [Strike Off] CIN = U65191TN1990PTC018654

Company & Directors' Information:- D AND O FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC054788

Company & Directors' Information:- H R P FINANCE PRIVATE LIMITED [Strike Off] CIN = U65921PB1995PTC015715

Company & Directors' Information:- P T R FINANCE PRIVATE LIMITED [Strike Off] CIN = U65191TN1989PTC016795

Company & Directors' Information:- B & S FINANCE PVT LTD [Strike Off] CIN = U65191TN1988PTC015491

Company & Directors' Information:- H S B FINANCE PVT LTD [Strike Off] CIN = U67120RJ1996PTC012119

Company & Directors' Information:- M. J. S. FINANCE COMPANY PRIVATE LIMITED [Strike Off] CIN = U65921PB1971PTC003049

Company & Directors' Information:- A R FINANCE PVT LTD [Strike Off] CIN = U65921PB1989PTC009778

Company & Directors' Information:- K G FINANCE LIMITED [Strike Off] CIN = U65910TZ1982PLC001219

Company & Directors' Information:- S AND Z FINANCE PRIVATE LIMITED [Strike Off] CIN = U65923PN1997PTC106520

Company & Directors' Information:- H S N FINANCE PVT LTD [Strike Off] CIN = U67120PB1993PTC013900

Company & Directors' Information:- G N FINANCE PVT LTD [Strike Off] CIN = U65990MH1981PTC024294

Company & Directors' Information:- C S FINANCE PRIVATE LIMITED [Strike Off] CIN = U65910GJ1987PTC009799

    C.R.P. (NPD) No. 2989 of 2014 & M.P. No. 1 of 2014

    Decided On, 08 June 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN

    For the Petitioners: P. Anbazhagan, Advocate. For the Respondent: Krishna Prasad. R for M/s. Sarvabhauman, Associate Advocates.



Judgment Text


(Prayer: Civil Revision Petition is filed under Section 25 of the Tamilnadu Building (Lease and Rent control) Act 18 of 1960 as amended by Act 23 of 1973 and Act 1 of 1980, against the order and decretal order dated 13.06.2014 made in R.C.A.No.2 of 2014 on the file of the Appellate Authority (Rent Control) (Subordinate Judge, Tiruchengode) reversing the order and decreetal order dated 01.12.2011 made in H.R.C.O.P.No.9 of 2012 on the file of the Rent Controller (Principal District Munsif), Namakkal.)

1. The tenants are the revision petitioners herein.

2. The petitioners/tenants filed H.R.C.O.P.No.9 of 2012, before the Rent Controller (Principal District Munsif), Namakkal, to deposit the monthly rent to the credit of HRCOP, as the landlord refused to receive the rent. After contest, the said petition was allowed and the landlord filed R.C.A.No.2 of 2014 on the file of the Appellate Authority (Rent Control) (Subordinate Judge, Tiruchengode) and the same was allowed. Hence, the civil revision petition.

3. This H.R.C.O.P.No.9 of 2012 seems to have been filed by the tenants during the pendency of H.R.C.O.P.No.7 of 2010 filed by the landlord for eviction on the ground of owner occupation under Section 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, which is culminated in C.R.P.No.3184 of 2014 and the same is disposed of by a separate order on the same day (today).

4. For the sake of convenience, the parties are referred to as landlord and tenants.

5. The brief averments of the petition in H.R.C.O.P.No.9 of 2012 reads as follows:

(i) The petition mentioned property is belonged to the respondent. The petitioners' father Karuppai and the then owner of the building by name, Ramaiah were jointly running the textile stores in the name of National textile stores in the year 1946. Subsequently, the father of the petitioners himself started the above business as tenants in the premises from the year 1964 onwards and initially, the monthly rent was Rs.130/- and subsequently, it was periodically increased to Rs.190/-. Thereafter, in the year 1975, the respondent had purchased the petition mentioned property and the father of the petitioners, by name Karuppaiah was continued to be a tenant in the premises till his death in the year 2003 and at the time of his death, the monthly rent was Rs.3,900/-. In the mean time, this respondent has filed H.R.C.O.P No.12 of 1985 against the father of the petitioners in the year 1985 to vacate the premises and hand over the possession and the same was dismissed. Against which, he preferred C.R.P.No.32 of 1993, before the Honourable High Court, Madras and when the same was pending, there was a compromise between the said Karuppaiah and this respondent and therefore, the said civil revision petition was not pressed as settled out of court and subsequently, the rent was periodically increased as Rs.5,070/- and at present, the monthly rent is Rs.6,600/-

(ii) The petitioners have sent the monthly rent from January to April 2010, by money order but the respondent has not received the same and returned the money order. Therefore, the petitioners have issued the notice calling upon the respondent to give the bank account number so as to deposit the rent. But the respondent has not furnished the bank account particulars also. But instead of that, the respondent has filed H.R.C.O.P.No.7 of 2010, on 29.04.2010, against the petitioners to evict them from the premises. Therefore, it has become just and necessary for this petitioners to deposit the monthly rent into the Court.

6. The sum and substance of the counter filed by the landlord reads as follows:

It is true that R.C.O.P.No.12 of 1985 and R.C.A.No.11 of 1987 were dismissed and there was a compromise in C.R.P.No.32 of 1993. It is also true that the rent was paid till December 2009. But subsequently, the rent was not increased from January 2010. Actually, on 10.11.2008, this respondent has issued notice to the petitioners to vacate the premises and handover the possession, as it is required for the respondent and after the receipt of the same, the petitioners have issued a reply notice dated 01.12.2008 and they agreed that they would vacate the premises and handover the possession within a year, for which this respondent also agreed and so, the respondent has not filed any case. But even after the one year and four months, the petitioners have not vacated the premises as promised and hence, this respondent has filed H.R.C.O.P.No.7 of 2010 and after receiving the Court notice, these petitioners have filed this petition with mala fide intention.

7. Before the Rent Controller, on the side of the petitioners, P.W1 was examined and Ex.P1 to Ex.P8 were marked and on the side of the respondent, RW1 was examined and no documents marked.

8. On consideration of oral and documentary evidence, the learned Rent Controller has allowed the petition and permitted the petitioners/tenants to deposit the rent into the Court. Against which, the aggrieved respondent has preferred R.C.A.No.2 of 2014, before the Appellate Authority (Rent Control) (Subordinate Judge, Tiruchengode) and the same was allowed by the Appellate Authority (Rent Control) on 13.06.2014. Hence, the Civil Revision Petition filed by the petitioners/tenants.

9(a). After perusing the records and also after hearing the rival submissions made by the parties, are considered.

9(b). It is an admitted fact that this respondent is the landlord and the petitioners are the tenants in the petition mentioned premises. It is also admitted fact that the petitioners have paid the monthly rent periodically from the date of their inception as tenants in the premises, for which the respondent had issued the rent receipt. The case of the petitioners is that as per the oral agreement between them, the present rent is fixed as Rs.6,600/-. As the landlord refused to receive the amount, the petitioners filed petition seeking permission of the Court to deposit the rent into the Court.

10. The said claim of the petitioners/tenants is resisted by the landlord alleging that even in the year 2008 itself, he has issued notice calling upon the tenants to vacate the premises on valid reasons. After receipt of the notice, the tenant had issued a reply notice dated 01.12.2008, and thereafter, requested the landlord to give one year time to vacate and handover the vacant possession by choosing an alternate accommodation by the tenants. As they failed to do so, the landlord has filed H.R.C.O.P. No.7 of 2012 and summons are served on the tenants and hence, this petition is only a counterblast and prayed for dismissal.

11. The point for consideration is whether this respondent/landlord had willfully and wantonly refused to receive the rent from the petitioners/tenants, which warranted the petitioners to file the petition seeking permission to deposit the rent into the Court.

12. On careful perusal of the entire case records, it is a admitted fact that the monthly rent was only Rs.5.070/- till December 2009. It is also admitted fact that the landlord issued a legal notice on 10.11.2008 itself calling upon the tenants to vacate the premises and handover the possession and the said notice also received by the tenants and they have not vacated the premises and hence, the landlord filed H.R.C.O.P.No.07 of 2010. When the monthly rate of rent was only Rs.5,070/-, the landlord cannot receive the higher rate of amount of Rs.6,600/-. Because if the landlord had received the enhanced rate of rent, there may be a chance for the tenants to say that the landlord had extended the lease period f

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or the year 2010 also and in such a case, it will be a stigma for the landlord in the eviction petition filed in H.R.C.O.P.No.7 of 2010. Therefore, the landlord had rightly refused to receive the higher rate of amount offered by the tenants. 13. Accordingly, this Court finds that there is no bona fide or valid reasons for the petitioners, since the landlord has already initiated eviction proceedings and Rs.6,600/- said to be enhanced rent is not proved, in view of the admission that the monthly rent is only Rs.5,070/-. The landlord has rightly rejected the same and hence, the reason assigned by the rent control appellate authority is just and proper does not warrant any interference. 14. In view of the above observations, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
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