I
RE THE RENT COURT, CHENNA
RENT APPLICATION FILED BEFO
of 2025
R.L.T.O.P. No
CHHABRIA M/48yrs
VIKRAMSINGH PREETAMSINGH
s/o Preetamsingh Narainsingh
01d no. 43, New no. 94,
Sembudoss Street,
George Town,
... Applicant 1
Chennai 600001
Harisingh Narainsingh
s/o Narainsingh Ghanshamsingh
5th Floor, No.5C, Gee Gee Springs,
No0.239/320, Avvai Shanmugam Salai,
Gopalapuram,
Chennai-600086 ,,,» Applicant 2
Mrs. Anita P.C.
w/o Vijay Hinduja
No. 32, 4th Street, [-Block,
Anna Nagar East
Chennai 600102 ... Applicant 3
\'S)
Delight Agencies
Rep by Partners
Dharmesh Davey
Sandeep Davey
Aarti Davey
Rupal Davey
First Floor F-6,
OLD NO. 43, NEW NO. 94.
Sembudoss Street,
Chennai 600001 ... Respondent
APPLICATION FILED UNDER SECTIONS 21(2)(a)
OF THE TAMIL NADU REGULATION OF RIGHTS AND
RESPONSIBILITIES OF THE LANDLORDS AND TENANTS ACT 42 OF
2017
(AS AMENDED BY ACT 39 OF 2019, 22 OF 2019 AND ACT
3 OF
2020)
gl
te as follows:
The Applicants above named state 1 Chhabria , New
M/48nol
in, thI d 43 , years,
tl
ican t no. 1 is Vik ram i
sin gh Pree tams 1
The Appl
' ce 8001
/ 5 Pf;tamsingh Narainsingh, having offi
s/o
Sembudoss Street, George Town, Chennai 60
T
The Applicant no. 2 is Harisingh Narainsingh Narainsingh
, M/69 yrSS, ii/r(l)gs 239/320,
Ghanshamsingh, residing at 5t Floor, No.5C, Gee‘Ge(foogfi 5
Avvai Shanmugam Salai, , Gopalapuram, Chennai-6
The Applicant no. 3 is Mrs. Anita P.C. , F/60 yrs, w/o Vijay 6HQI(1;1(§1(1)JQ&
residing at No. 32, 4t Street, I-Block, Anna Nagar East, Chennai
The address for services of all notices and proces
that of their Counsel, M /s Meh
ses on the Applicants is
ek Asrani and Ruban DSilva having office
at No. 864, Jagan Towers, Poonamall
ee High Road, Opposite to G3 Pol
Station, Kilpauk, Chennai- 600 ice
010.
The Respondent is M/s. Delight Age
ncies (GST no. 33AAIFD6101H
(Pan no. AI FD6101H) at F-6, First Floor 1ZW)
of Building at 01d No.43, Ne
w
Respondent is same as above.
1. Particulars of Violation:
The Applicants being the La
ndlords as per Section 2(c)
of the Tamil Nady
Regulations of Rights an
d Responsibilities of Land
lords and Tenants Act,
2017(as amended) (herei
n referred to as “the Act”
for the sake of brevity),
thereunder.
3. Facts of this Case:
. The Applicants are the joint owners of the F6, first floor shop
portion in premises in Old No.43, New No.94, Sembudoss Street,
George Town, Chennai 600001and the Respondent is occupying the
said premises illegally without any rental agreement . It is stated the
Schedule premises were originally let out by M/s. Preetam Pipes
Syndicate represented by Mr. Preetamsingh Narainsingh (father of
1st Applicant and 3t Applicant herein and brother of the 2ad
Applicant herein). After the death of Mr. Preetamsingh Narainsingh,
the Applicants herein are the co-owners of the Schedule premises.
The Schedule property was subject matter of Family Partition in
C.S.No.1242 of 1992 on the file of the Hon’ble High Court of
Judicature at Madras. The said suit ended in a Compromise and as
per Clause 10 (i) of the Compromise Final Decree dated 22.9.1997 .
The said property was to be taken by (1) Mr.Vikramsingh
Preetamsingh Chhabria- Applicant 1 herein (35% share) (2)
Mr.Harisingh Narainsingh Chhabria — Applicant 2 herein (35%
share) and (3) Mrs.Anita P.C — Applicant 3 herein (30% share).
Mr.Vikramsingh Preetamsingh Chhabria , the 1st Applicant herein
alone is entitled to collect the Rents and Profits derived from the
Schedule mentioned premises without any hindrance of other Co-
Owners as per Clause 10 (b) of the Memo of Compromise dated
8.8.1997 and the terms of the Final Decree dated 22.09.1997 passed
in C.S.No.1242 of 1992 on the file of the Hon’ble High Court of
Judicature at Madras.
. Applicant states that initially there was a Re16.6.2003 between the
Respondent herein represented by its then Proprietor Ashwinkumar
Davey and the Agreement was for a period of eleven months to be
extended for a further period of 33 months. Applicants state that as
hatel. s TR
Apreement with the Respondent or with
on date there is no rental Agret is occupying the Schedule prem
ent i ises
any of its partners . Respond
r.
without any agreement whatsoeve
i ten 'Agrzern:;n; i
no writ with
. Applicants state that as on date there is
the Respondent herein either in capacity of the Busm.es o
the name of Delight Agencies or in the personal capacity of. any of its
partners. The Respondent is occupying the Schedule premises as an
illegal tenant.
- Applicants state that Respondent is currentl
y paying a rent of an
amount of Rs. 4429/- per mont
h. However, there is no writ
ten
tenancy Agreement between
the Applicants and the Resp
ondents as
on date.
4. Grounds for Relief:
Applicant stat
es that there is
no valid Writte
n tenancy agre
place between the Applic ement in
ants and Responden
t as on the date
commencement of the Act of
nor on any date sub
Sequen
t theretq and
as there has been a clear fai
lure to enter into g tenancy agr
eement
between the Applicant and
Respondent ag ber Section
4(2) of the Act
and register the same wi
th the Rent Authority ag
Mmandated under
the Act , the present Applicatio
n for recovery of Posses
sion of the
Scheduled Premises is filed under Sectio
n 21(2)(a) of the Act, on the
ground of failure to enter into a wri
tten tenancy Agreement.
5. Matters not previously filed/ pending:
Applicant herein has not preferred any proceedi
ngs for eviction of the
Respondent.
6. Relief Sought
Applicant therefore prays that this Hon’ble Court may be pleased to
order eviction of the Respondent on ground of not entering into any
written tenancy agreement as envisaged in section 21 (2)(a) of the Act.
7. Court Fees:
The Applicant values the relief of recovery of possession sought for
the purpose of Court Fee and jurisdiction at Rs.53148/- being the
annual monthly rent and pays a court fee of Rs. 1595/~ under
Section 43 of the Tamil Nadu Court Fees and Suits Validation Act,
1955 read with Section 41 of the Tamil Nadu Regulation Rights and
Responsibilities of Landlords and Tenants Act, 201774
Dated at Chennai on the day of March ,2025
s;l for Applicant Loy Applicant
LIST OF ENCLOSURES
[Smo| Date | Description of Document
T
Nature
| 16.6,2093 | Tenancy Agreement
Photocopy
VERIFICATION
I, Vikramsingh Preetamsingh Chhabria, the Applicant
a’bovementioned, do hereby verify that the contents of the
paragraphs 1 to 7 are true and best of our personal knowledge and
are true'on the legal advice received and we hereby declare I have
not suppressed any material facts relevant.
Verified at Chennai on the day of March
2025 ' ,(/Q
A Lt == fl
COUNSEL FOR APPLICANT
S APPLICANTS
SCHEDULE OF PROPERTY
All that part-and parcel
of premises situated at
shop portion in premis Room no. F6, First floor
es in Old No.43, New
George Town, Chennaj 60 No.94, Sembudoss Str
0001admeasuring about eet,
400. Sq feet.
VERIFICATION
information and belief.
Verified at Chen
naj on the
day of March
2025
SEL FOR APPLICANT
APPLICANT
RENT APPLICATION
BEFORE THE RENT
COURT, CHENNAI
R.L.T.O.P NO.
OF 2025
Vikramsingh
Preetamsingh Chhabria
& others ...APPLICANT
VS.
Delight Agencies
...RESPONDENT
APPLICATION UNDER
SECTION 21(2)(a) of
THE TNRRRLT ACT,
2017(AS AMENDED)
MEHEK ASRANI
COUNSEL FOR
APPLICANT
Email:
legal.asrani@gmail.com
Mobile No:
9840328307/9840318
307
