Case Note & Summary
The revision petitioner, Deputy General Manager of Oriental Insurance Company Limited, was the judgment debtor/tenant in R.E.P.No.84 of 2023 filed by the respondent Sivakumar for execution of an order fixing fair rent in R.C.O.P.No.62 of 2012. The Rent Controller had fixed the fair rent, and the appellate authority dismissed the tenant's appeal, making the fair rent final. The respondent then filed an execution petition before the Rent Controller to recover the fair rent. The petitioner challenged the maintainability of the execution petition, arguing that under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, the Rent Controller's jurisdiction is limited to fixing fair rent, and recovery must be sought before the Civil Court. The respondent contended that the executing court had passed a well-considered order and relied on Purni Devi v. Babu Ram (2024) for the proposition that Section 14 of the Limitation Act can be availed if a wrong forum is approached. The court held that the Rent Controller only determines fair rent and cannot execute the order for recovery; the execution petition was unsustainable. However, the court noted that the respondent may approach the Civil Court and, if necessary, seek exclusion of time under Section 14 of the Limitation Act, provided due diligence and good faith are established. The court set aside the attachment order and dismissed the execution petition, granting liberty to the respondent to pursue remedies before the Civil Court.
Headnote
A) Rent Control - Jurisdiction of Rent Controller - Fixation of Fair Rent - Section 4 of Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 - The Rent Controller's power is limited to determining the quantum of fair rent; recovery of arrears of fair rent must be pursued before the Civil Court by filing a suit. Execution petition before the Rent Controller for recovery of fair rent is not maintainable. (Paras 3-7)
B) Limitation Act - Exclusion of Time - Wrong Forum - Section 14 of Limitation Act, 1963 - Where a party has approached a wrong forum in good faith and with due diligence, the time spent in such proceedings may be excluded under Section 14 of the Limitation Act, 1963, provided the conditions of the section are satisfied. (Paras 8-9)
Issue of Consideration
Whether the Rent Controller has jurisdiction to execute an order fixing fair rent under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, or whether recovery of such rent must be sought before the Civil Court.
Final Decision
The court allowed the civil revision petition, set aside the order dated 15.10.2025 in R.E.P.No.84 of 2023, and dismissed the execution petition. The respondent was granted liberty to approach the Civil Court for recovery of the fair rent, and if necessary, to seek exclusion of time under Section 14 of the Limitation Act, subject to establishing due diligence and good faith.
Law Points
- Rent Controller's jurisdiction limited to fixation of fair rent under Section 4 of Tamil Nadu Buildings (Lease and Rent Control) Act
- 1960
- Recovery of arrears of fair rent must be sought before Civil Court
- Execution petition before Rent Controller is not maintainable
- Section 14 of Limitation Act
- 1963 may be availed for exclusion of time spent in wrong forum
Case Details
2026 LawText (MAD) (01) 197
CRP.No.6169 of 2025 & CMP.No.30290 of 2025
Mr.A.Thayaparan, Mr.R.Nalliyappan
Deputy General Manager, Oriental Insurance Company Limited
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Nature of Litigation
Civil Revision Petition under Section 115 of CPC challenging the order of the executing court in an execution petition for recovery of fair rent fixed under the Rent Control Act.
Remedy Sought
The petitioner (judgment debtor/tenant) sought to set aside the order dated 15.10.2025 in R.E.P.No.84 of 2023, which attached the petitioner's property, on the ground that the execution petition before the Rent Controller was not maintainable.
Filing Reason
The respondent (landlord) filed an execution petition before the Rent Controller to recover the fair rent fixed in R.C.O.P.No.62 of 2012, which the petitioner contended was beyond the Rent Controller's jurisdiction.
Previous Decisions
The Rent Controller fixed fair rent in R.C.O.P.No.62 of 2012; the Appellate Authority dismissed the petitioner's appeal, making the fair rent final. The respondent then filed R.E.P.No.84 of 2023 before the Rent Controller for execution.
Issues
Whether the Rent Controller has jurisdiction to execute an order fixing fair rent under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.
Whether the execution petition filed before the Rent Controller for recovery of fair rent is maintainable.
Submissions/Arguments
Petitioner argued that under Section 4 of the Act, the Rent Controller's duty is only to fix fair rent; recovery must be sought before the Civil Court. Relied on Life Insurance Corporation of India v. India Automobiles (1990) 4 SCC 286.
Respondent argued that the executing court passed a well-considered order and relied on Purni Devi v. Babu Ram (2024) 5 CTC 748, which held that Section 14 of the Limitation Act can be availed if a wrong forum is approached.
Ratio Decidendi
The Rent Controller under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 has jurisdiction only to fix the fair rent payable for tenanted premises; recovery of such fair rent must be sought before the Civil Court by filing a suit. An execution petition before the Rent Controller for recovery of fair rent is not maintainable and is without jurisdiction.
Judgment Excerpts
Under the Rent Control Act, the Rent Controller only determines the fair rent payable for the tenanted premises and recovery of such fair rent can only be sought for before the Civil Court.
Therefore, the execution petition filed is clearly unsustainable and liable to be dismissed.
Procedural History
The respondent filed R.C.O.P.No.62 of 2012 for fixation of fair rent before the Rent Controller. The Rent Controller fixed the fair rent. The petitioner appealed, which was dismissed by the Appellate Authority, making the fair rent final. The respondent then filed R.E.P.No.84 of 2023 before the Rent Controller for execution of the fair rent order. The executing court passed an order attaching the petitioner's property. The petitioner filed CRP.No.6169 of 2025 under Section 115 of CPC challenging that order.
Acts & Sections
- Tamil Nadu Buildings (Lease and Rent Control) Act, 1960: Section 4
- Limitation Act, 1963: Section 14
- Code of Civil Procedure, 1908 (CPC): Section 115
