M. THANGAVEL Vs. R. PALANI

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 2565-2566 of 2017, Judgment Date: Feb 14, 2017

                                                              NON-REPORTABLE
                       IN THE SUPREME COURT OF INDIA
                       CIVIL APPELLATE JURISDICTION

                    CIVIL APPEAL NOS.2565-2566/2017
                        [@ SLP (C)NOS.191-192/2015]

M. THANGAVEL                                                    Appellant(s)

                                VERSUS

R. PALANI                                                      Respondent(s)

                            J U D G M E N T

KURIAN JOSEPH, J.

1.    Leave granted.
2.    The appellant-tenant is aggrieved by the order of eviction granted  by
the Rent Controller, Chennai.   The  said  order  has  been  upheld  by  the
Appellate Court and confirmed by the High Court.   The  landlord  had  taken
two grounds: 1) arrears of rent and, 2) bona fide requirement for own use.
3.    It appears that the petition was considered  only  on  the  ground  of
arrears of rent since the landlord, according to the  Rent  Controller,  the
Appellate Authority and the High Court, was  entitled  to  succeed  on  that
ground.  While the matter was pending before  this  Court,  by  order  dated
16.01.2015, this Court fixed the use and occupation charges at the  rate  of
Rs.10,000/- with effect from 01.01.2015.  The  said  amount  is  being  paid
ever since.
4.    The counsel for both sides on instructions have fairly submitted  that
the tenancy can be continued on  revised  terms  in  case  the  landlord  is
granted the liberty to file a fresh petition for  eviction  on  all  grounds
available now.
5.    We see no reason to deny the  request  since  admittedly  neither  the
Rent Controller nor, for that matter, the Appellate Authority  or  the  High
Court has gone into other aspects.
6.    Since the parties are agreed on  the  above  course  of  action,   the
appeal is disposed of fixing the rent for the premises  from  the  month  of
March, 2017 as Rs.15,000/- per month which shall be paid before the 10th  of
every month to the landlord. The payment  can  be  made  by  the  appellant-
tenant to the landlord through cheque or net banking. The landlord  is  also
given the liberty to institute fresh proceedings on  any  of  the  available
grounds for possession of the premises under the Tamil Nadu Building  (Lease
& Rent Control) Act, 1960.
7.    The appeals are disposed of in the above terms.



                                                    …......................J
                                                  [KURIAN JOSEPH]


                                                    ….....................J.
                                                  [A.M. KHANWILKAR]
NEW DELHI;
FEBRUARY 14, 2017.