This Civil Revision Petition is directed against the order dated 02.08.2017 passed in RCA SR No.41185 of 2017.
2. The petitioner / tenant in his counter affidavit had admitted that he was inducted as a tenant by the respondent and paid rentals to him. In the present petition, it is stated that at a later stage, he came to know that Tamil Nadu Slum Clearance Board is the owner of the property and filed the present petitions.
3. It is well settled that even a tenant can be construed as a landlord in view of Section 2(6) of the Act. Once it is unambiguously admitted that the petitioner was inducted by the respondent, he cannot go back and take a stand that he is not liable to pay rentals. In other words, the petitioner is estopped from denying the title of the respondent. In fact, the eviction petition has been filed on the grounds of willful default. The issue to be decided is as to whether the petitioner has committed willful default or not. In the event that the jural relationship is proved by pleadings and evidence, the main issue can be decided. The presence of the Chairman, Tamil Nadu Slum Clearance Board will not assist the petitioner in any way in disproving the wilful default, more so, the tenancy was admitted.
4. The Courts below have rightly applied on the judgments of the Hon'ble Supreme Court in CHINNARAJA NAIDU VS. BHAVANI BHAI [1981 (2) MLJ 354] and CENTRAL BANK OF INDIA VS. GOKUL CHAND [1967 (2) SC 828] and a judgment of this Court in RAJENDRAN VS. AKKAMMAL [2015 (14) CTC 696] and arrived at the decision. I do not find any infirmity in the orders passed. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, connected civil miscellaneous petition is closed.
11.09.2017
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1. The VII Judge Small Causes Court Madras.
2. The XVI Judge Small Causes Court Madras.
M.GOVINDARAJ, J.
TK
C.R.P.(PD) NO.3322 OF 2017
11.09.2017
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