Bench:
Justice Sengottuvalan
Issue:
When is summary procedure used in a case filed under Tamil Nadu Buildings (Lease and Rent Control) Act (18 of I960)?
Facts:
· The landlord filed for a case for the eviction of tenant (respondent) from the premises u/s 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 on the ground that he requires the land for his own business.
· A similar kind of petition was filed between the previous landlord and the tenant for eviction on the same grounds which was dismissed as the claim wasn't found to be bonafide.
· In the present case, the tenant made an objection regarding the maintainability of petition as the same matter has been decided in a earlier case which is final.
· He filed an application for summary rejection of application filed by the petitioner. However, the Rent Controller dismissed the application.
· The tenant filed against the order in Court of Small Causes where the order was set aside.
· The landlord filed a civil revision petition against the last order.
Petitioner's Contentions:
· It was contended that no appeal lies before the appellate against the decision of the Rent Controller as the matter of res judicata can be regarded with the other issues in the same proceedings.
Respondent's Contentions:
It was contended that the matter has been already decided in the earlier case so the present petition shouldn't be maintainable following res judicata.
Judgement:
The High Court allowed the civil revision petition and set aside the order of the appellate authority and confirmed the order of the Rent Controller.
"the provisions of S. 19 of the Tamil Nadu Buildings (Lease and Rent Control) Act, which is a provision analogous to S. 11 of the Civil Procedure Code.
summary procedure is meant to be a procedure resorted to in cases where there is no real issue to be decided between the parties and that the plaintiff is entitled to the relief claimed by him under the provisions of law in which case there need not be framing of any issue or taking of evidence. In such a case the matter is disposed of without the formality of an enquiry."
- Para 4, 5 (S. Mani v. T.K. Jacob)
