S.S.Computer v. Mir Mohamed Afzaluddin,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-02-2026
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI and CMP No.4658 of 2026
1. S.S.Computer Rep. by its Proprietor, N.Afzal Nawaz, S/o.
Nazeer Ali,. Shop No.1, Athi Pattan Street, Mount Road, Chennai-02. Also at, Gowdiya Mutt Road, Royapettah, Chennai-14.
Petitioner(s) Vs
1. Mir Mohamed Afzaluddin, S/o. Mir Mohamed Fasi Uddin, Nop.42/41, Nayar Ayya Pillai Street, Royapettah, Chennai-600 014.
2.Idris Shop No.1, Athi Pattan Street, Mount Road, Chennai-02.
Respondent(s) PRAYER: This Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 04.12.2025 made in RLTA. No.138 of 2025 on the file of XIX Additional City Civil Court, Chennai by confirming the fair and decreetal order dated 30.06.2025 in RLTOP. No.13 of 2025 on the file of learned X Small Causes Court, Chennai by allowing the present Civil Revision Petition.
For Petitioner(s):
G.Mohammed Aseef For Respondent(s):
R.Sankarakutralingam
ORDER
Heard the learned counsel for the petitioner and the learned counsel for the respondents.
2. The petitioner is aggrieved by the dismissal of RLTA No.138 of 2025 confirming the order of eviction in RLTOP No.13 of 2025 by the Rent Court. The landlord/respondent sought for eviction on the ground of there being a failure to enter into a tenancy agreement under Section 21(2)(a) of TNRRRLT Act.
3. On going through the order of the Rent Court as well as the judgment of the Rent Tribunal, I do not find any perversity or infirmity in the findings arrived at by the courts below in entertaining the request of the landlord/respondent.
4. There is no dispute with regard to the relationship of landlord and tenant and admittedly on the date coming into force of the new Tenancy Act, there was no written tenancy agreement as mandated under Section 4(2) of the Act. Hence, I do not find any ground to interfere with the well considered order of the Rent Court and affirmed by the reasoned order of the Rent Tribunal.
5. At this juncture, learned counsel for the petitioner would seek for one year time to vacate and hand over.
6. The said request of the petitioner was vehemently opposed by the learned counsel for the respondent/landlord stating that the petitioner is in huge arrears and that he is in occupation of only 45 sq.ft and further the time sought for viz., one year is too long and not necessary for enabling the petitioner to shift the business.
7. I have considered the submissions advanced by the learned counsel on either side and the request made by the learned counsel for the petitioner.
8. On going through the receipts that had been relied on by the petitioner/tenant, it is seen that the petitioner has been in default from February 2024 onwards and he is liable to pay Rs.1,60,000/- (Rupees One Lakh Sixty Thousand Only) towards arrears of rent, after adjusting the advance amount which was originally paid by the petitioner to the respondent/landlord. Therefore, I am inclined to grant time till 30.06.2026, subject to the condition that the petitioner clears the entire arrears of Rs.1,60,000/- on or before 31.03.2026 and shall continue to pay future rents from March 2026 onwards till end of June 2026 without any default and such payment shall be made
P.B.BALAJI.,J sr on or before 10th of succeeding month, excepting for the month of June 2026 when it shall be paid in advance along with the rent for May 2026.
9. It is made clear that if there is any default in payment of a sum of Rs.1,60,000/- by 31.03.2026, then, the time granted upto 30.06.2026 would not be available to the petitioner and the respondent is at liberty to proceed with the execution petition to take delivery through Court.
10. With the above direction, the civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 27.02.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking order To
1. The XIX Additional City Civil Court, Chennai
2. The X Small Causes Court Chennai CRP No.860 of 2026