Once the sale deed was registered and title had passed to the Landlord , he was entitled to receivethe rent - eviction ordered

Citation

AIROnline 2023 MAD 1379

Madras High Court

V. LAKSHMINARAYANAN , J.

C.R.P NO. 4174 of 2009 D/- 12 - 9 - 2023

K.Rajendran v. P.S. Krishnamoorthy

(A)Transfer of Property Act (4 of 1882), S.109 - Tamil Nadu Buildings (Lease and Rent Control)

Rules (1961), S.9(3) - Order of eviction - Challenge against - Tenant had not paid rent to the

Landlord - Land lord purchased the land in private auction - Plea of tenant that he had paid

the rent to the earlier owner - Lease between tenant and earlier owner was not registered and

was only for 3 years - Tenant had not proved to whom he paid rent from the date of purchase

by the landlord till the period for which receipts were filed before the Rent Controller - Once

the sale deed was registered and title had passed to the Landlord , he was entitled to receive

the rent - Intention of tenant was not to pay rent, but to occupy the rented premises as long as

possible - Order of eviction was proper.

 (Paras 11 , 12 , 13) 

(B)Tamil Nadu Buildings (Lease and Rent Control) Rules (1961), S.9(3) - Application under

Section 9(3) - As per G.O. (Ms).No.43 dated 25.01.2001 the Court of Small Causes was not

notified as Rent Controller Authority under Section 9(3) - Authority notified for the purpose

of Section 9(3) was District Collector of city of Chennai - Since, notified authority was not the

court of small causes, its order u/s 9(3) was without jurisdiction

 (Para 10)