Illaya Perumal Advt: Today CVKJ, Item. No.71 and C. R. P. No.12 of 2021is held that Tenant can evict only by rent control laws not by way arbitration proceedings by following the Supreme Court decision reported In 2021 1 SCC page 1 [7/24, 07:54] Sekarreporter: 1 IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON: 09.07.2021 PRONOUNCED ON: 23.07.2021 CORAM: THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.R.P. No. 12 of 2021 And C.M.P.No. 103 of 2021 Mr. Mohammed Rizwan

[7/23, 17:08] Illaya Perumal Advt: Today CVKJ, Item. No.71 and C. R. P. No.12 of 2021is held that Tenant can evict only by rent control laws not by way arbitration proceedings by following the Supreme Court decision reported In 2021 1 SCC page 1
[7/24, 07:54] Sekarreporter: 1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON: 09.07.2021
PRONOUNCED ON: 23.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.R.P. No. 12 of 2021
And
C.M.P.No. 103 of 2021
Mr. Mohammed Rizwan
… Petitioner/Petitioner/Respondent Judgment Debtor
-Vs-
Mrs. Johnsi Philip
… Respondent/ Respondent/Petitioner/Decree Holder
PRAYER: Civil Revision Petition filed under Article 115 of Constitution of
India, against the fair and decreetal order of the learned Principal District
Munsif Court, Alandur in I.A.No. 184 of 2019 in E.P.No. 2 of 2019 dated
09.12.2019.
***
For Petitioner : Mr. A.Ilaya Perumal
For Respondent : Mr. R.Vasudevan
https://www.mhc.tn.gov.in/judis/
[7/24, 07:55] Sekarreporter: 6
and Rent Control) Act, 1960 is an issue which has to be determined only by
the Principal District Munsif, Alandur.
9. I would therefore set aside the order dated 09.12.2019 in E.A.
No. 184 of 2019 and remand the said E.A. No. 184 of 2019 back to the
Principal District Munsif Court, Alandur to examine the entire issue in the
light of the judgment of the Hon’ble Supreme Court in Vidya Drolia –vs-
Durga Trading Corporation, reported in 2021 1 SCC 1 and examine
whether leased premises falls within the area coming under the purview of
the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 or whether
the said dispute between the parties have to be adjudicated under the
provisions of the Transfer of Property Act, 1882 and thereafter take a
considered decision with respect to the contentions raised in E.A. No. 184
of 2019.
10. The Revision Petition is therefore allowed and the order dated
09.12.2019 in E.A. No. 184 of 2019 is set aside and the said E.A. No. 184 of
2019 is remanded back to the Principal District Munsif Court, Alandur, with
a direction to examine the entire issue in the light of the judgment of the
https://www.mhc.tn.gov.in/judis/
[7/24, 07:55] Sekarreporter: 7
Hon’ble Supreme Court in Vidya Drolia –vs- Durga Trading Corporation,
reported in( 2021) 1 SCC, with particular reference to the paragraphs
extracted above. Connected Miscellaneous Petition is closed. No order as to
costs. The Principal District Munsif is directed to determine the issue on or
before 30.09.2021.
23.07.2021
vsg
Index: Yes/No
Internet: Yes/No.
Speaking / Non speaking
C.V.KARTHIKEYAN, J.
https://www.mhc.tn.gov.in/judis/

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