Case Note & Summary
The case arises from an eviction petition filed by the landlords (respondents) against the tenant, Anbalagan, before the Principal District Munsif Court, Chidambaram (Rent Court) under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. The landlords sought eviction on grounds of default in payment of rent from March 2019 to September 2019 and the requirement of the premises for demolition and reconstruction. During the pendency of the eviction petition, the tenant Anbalagan died. His legal representatives, his wife A. Jayamalathi and minor daughter A. Anushiya, filed I.A. No.17 of 2022 seeking to be impleaded in the proceedings. The Rent Court dismissed the impleading petition on February 1, 2023, holding that the tenancy had not been proved and that the tenant had no right to continue after his death. Aggrieved, the legal representatives filed a civil revision petition under Article 227 of the Constitution of India before the Madras High Court. The High Court examined the definition of 'tenant' under Section 2(7) of the Act, which includes legal representatives. The Court observed that the Rent Court's finding on the merits of the tenancy at the impleading stage was premature and that the Rent Court had not considered the provisions of Order 22 Rule 4 CPC regarding abatement of proceedings. The High Court set aside the order of the Rent Court and allowed the impleading petition, directing the Rent Court to implead the petitioners as legal representatives of the deceased tenant and to proceed with the main eviction petition in accordance with law. The Court emphasized that the legal representatives are entitled to be heard on the merits of the eviction grounds.
Headnote
A) Rent Control - Impleading of Legal Representatives - Section 2(7) Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 - The Rent Court dismissed the impleading petition filed by the legal representatives of the deceased tenant on the ground that the tenancy had not been proved and that the tenant had no right to continue after death. The High Court held that the definition of 'tenant' under Section 2(7) includes legal representatives, and that the Rent Court's finding on the merits of the tenancy at the impleading stage was premature. The Court set aside the order and allowed the impleading petition, directing the Rent Court to proceed with the main eviction petition. (Paras 4-8) B) Civil Procedure - Abatement of Proceedings - Order 22 Rule 4 CPC - The High Court noted that the Rent Court had not considered the provisions of Order 22 Rule 4 CPC regarding abatement of proceedings upon death of a party. The Court held that the Rent Court ought to have allowed the impleading petition to prevent abatement and to enable the legal representatives to defend the eviction proceedings. (Para 6) C) Rent Control - Eviction on Ground of Demolition and Reconstruction - The landlord sought eviction on grounds of default in rent and requirement of the premises for demolition and reconstruction. The tenant's legal representatives sought impleadment to contest the eviction. The High Court held that the Rent Court's dismissal of the impleading petition was erroneous as it precluded the legal representatives from being heard on the merits of the eviction grounds. (Paras 2-3, 7)
Issue of Consideration
Whether the legal representatives of a deceased tenant are entitled to be impleaded in pending eviction proceedings under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, and whether the Rent Court erred in dismissing the impleading petition.
Final Decision
The High Court allowed the civil revision petition, set aside the order dated February 1, 2023 passed by the Rent Court in I.A. No.17 of 2022 in R.L.T.O.P. No.1 of 2021, and allowed the impleading petition. The Rent Court was directed to implead the petitioners as legal representatives of the deceased tenant and to proceed with the main eviction petition in accordance with law.
Law Points
- Impleading of legal representatives
- Abatement of proceedings
- Right to continue tenancy
- Section 2(7) Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act
- 2017
- Order 22 Rule 4 CPC
