CRP(MD)/2179/2023 of P. Kamaal Mustafa Vs K. DINAKARAN on 29 September 2026

ORDER

This petition has been filed to call for the records and set aside the order dated 08.05.2023 passed in Mu.Mu.No.5039/2022/A2 on the file of the Rent Authority Officer/Revenue Divisional Officer, Uthamapalayam.

2. The petitioner is the tenant, and the respondent is the landlord. Originally, in the year 2017, a tenancy agreement was entered into between the parties in respect of vacant land measuring 21801/4 sq. ft., comprised in S.No.2135, situated in Uthamapalayam Village, Theni District, at a rent of Rs.500/-, and an advance was also paid. During the year 2020, differences of opinion arose between the parties with regard to the enhancement of rent. Therefore, the respondent lodged a complaint before the Rent Authority Officer/Revenue Divisional Officer, Uthamapalayam, on 21.09.2022. Consequently, the Rent Authority Officer/Revenue Divisional Officer, Uthamapalayam, passed on order dated 08.05.2023 by directing the revision petitioner to hand over vacant possession within a period of 90 days from the date of receipt of the order, with liberty to the petitioner to file an appeal.

3. The revision petitioner filed this petition contending that the Rent Authority Officer/Revenue Divisional Officer, Uthamapalayam, has no power to pass such an order under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. To substantiate the same, the revision petitioner relied upon the order passed by this Court in C.R.P. No.2845 of 2022, dated 08.12.2022, and prayed that this petition be allowed by setting aside the order dated 08.05.2023.

4. Heard the learned counsel for the petitioner and the learned counsel for the respondent and also perused the materials available on records.

5. Paragraph Nos. 6, 7, 13, 14, and 15 of the order passed by this Court in C.R.P. No. 2845 of 2022, dated 08.12.2022, read as follows: “6. The respondent lodged a Police complaint against the revision petitioner in November 2020 for wilful default in payment of license fee and requested the Police authorities to advice the petitioner to pay license fee atleast from January 2020 to October 2020.

7. Under these circumstances, the respondent approached the Revenue Divisional Officer, who in turn, considered the facts and circumstances and passed an order on merits. Thus, the Civil Revision Petition is to be rejected.

13. In the present case, it is not in dispute that the tenancy agreement continues. Therefore, the process for repossession of the premises by the landlord is to be taken only under the Sub-Section 2 to Section 21 of the Act.

14. Sub-Section 2 to Section 21 of the Act stipulates that “the Rent Court may, on an application made to it in the manner as may be prescribed, make an order for the recovery of possession of the premises on one or more of the following grounds:

“(b) that the tenant has not paid the arrears in full of rent payable and other charges payable as specified in sub-section (1) of section 13 for two months, including interest for delayed payment as may be specified for in the tenancy agreement or as prescribed, as the case may be, within one month of notice of demand for the arrears of such rent and all charges payable being served on him by the landlord in the manner provided in subsection (4) of section 106 of he Transfer of Property Act, 1882 (Central Act IV of 1882):”

15. In the present case, the respondent filed a complaint before the Revenue Divisional Officer, stating that the petitioner has failed to pay the monthly rent to the respondent and therefore, he is liable to be repossessed from the premises. The Revenue Divisional Officer issued notice to the petitioner and passed an order for payment of arrears of rent and in the event of failure to recover the possession. As per Section 21(2) of the Act, the Rent Court alone has got powers to entertain an application made by the landlord and the Revenue Divisional Officer has no jurisdiction to entertain any such application under Section 21(2)(b) of the Act. When Section 21(2) of the Act contemplates that “the Rent Court may, on an application”, then the Revenue Divisional Officer, who is the Rent Authority, has no jurisdiction to entertain an application under Section 21(2)(b) of the Act and passed an order. Therefore, the respondent if at all aggrieved, ought to have approached the Rent Court by following the procedures as contemplated under the Act.”

6. On a careful perusal of the above-said order, it is seen that this Court has held that the Rent Authority has no jurisdiction to entertain an application under Section 21(2)(b) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, and has set aside the order passed by the Rent Authority. It is true that Section 21(2)(b) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, provides that only the Rent Court has the power to pass an order for the recovery of possession of the premises on one or more of the following grounds: “21. Repossession of the Premises by the Landlord.

(1) A tenant shall not be evicted during the continuance of tenancy agreement except in accordance with the provisions of sub-section (2).

(2) The Rent Court may, on an application made to it in the manner as may be prescribed, make an order for the recovery of possession of the premises on one or more of the following grounds, namely:- (a)that the landlord and tenant have failed to agree to the rent payable under section 8; (b)that the tenant has not paid the arrears in full of rent payable and other charges payable as specified in sub-section

(1) of section 13 for two months, including interest for delayed payment as may be specified for in the tenancy agreement or as prescribed, as the case may be, within one month of notice of demand for the arrears of such rent and all charges payable being served on him by the landlord in the manner provided in sub-section (4) of section 106 of the Transfer of Property Act, 1882 (Central Act 4 of 1982):Provided that no order for eviction of the tenant on account of default of payment of rent shall be passed, if the tenant makes payment to the landlord or deposits with the Rent Court all arrears of rent including interest within one month of notice being served on him: Provided further that this relief shall not be available again, if the tenant defaults in payments of rent consecutively for two months in any one year subsequent to getting relief once;

(c) that the tenant has, after the commencement of this Act, parted with the possession of whole or any part of the premises without obtaining the written consent of the landlord; (d)that the tenant has continued misuse of the premises even after receipt of notice from the landlord to stop such misuse.

7. Further, Section 2(j) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, defines the Rent Court as the court constituted under Section 31 of the Act. Section 31 deals with the constitution of Rent Courts, and Section 32 provides that the Government may, by notification, constitute such number of Rent Courts in as many urban areas as it deems necessary. As per

Section 32(4), it is very clear that no person shall be eligible to be appointed as the Presiding Officer of the Rent Court unless he is a member of the State Judicial Service.

8. Whereas, in this case, the Rent Authority Officer/Revenue Divisional Officer, Uthamapalayam, is not an officer of the State Judicial Service and, therefore, is not competent to pass such an eviction order under the above-said Act.

9. Therefore, the impugned order passed by the Rent Authority Officer/Revenue Divisional Officer, Uthamapalayam, in Mu.Mu.No.5039/2022/A2, dated 08.05.2023, is hereby set aside and the Civil Revision Petition stands allowed. No costs. Consequently, the connected miscellaneous petition is closed. 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DSS To The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

R.POORNIMA, J. dss CRP(MD) No. 2179 of 2023 and CMP(MD)No.10934 of 2023 29-09-2026