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Madras High CourtCRP/2787/2026dismissed

S.Raju v. Harithra Devi

2026-06-03Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-06-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP Nos. 2787 & 3226 of 2026 and CMP.Nos.11501 & 14078 of 2026 S.Raju S/o. M.Sriramalu, 24/8A, Anne Besant Street, Ground Floor, Vijayalkshmipuram, Ambattur, Chennai 53.

..Petitioner(s) in both CRPs.

Vs Harithra Devi W/o. S.Neeladri Suresh Babu, Rep. by power of Attorney, M.K.Sathyanarainan, S/o. Kuppuswamy, No.901, 38th Street, Tamil Nadu Housing Board Colony, Korattur, Chennai 80.

..Respondent(s) in both CRPs.

PRAYER in CRP.No.2787 of 2026 Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the Fair and Decreetal order dated 20-11-2024 passed in EP No.63 of 2021 in RLTOP No.2 of 2020 passed by the Rent Controller Cum District Munsif at Ambattur.

PRAYER in CRP.No.3226 of 2026 Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the Fair and Decreetal order dated 02.12.2025 passed in R.L.T.A. No.1 of 2025 passed by the learned III Additional District and Sessions Judge

Cum Rent Tribunal, Tiruvallur, Poonamallee, confirmed the order dated 19.04.2023 in M.P.No.133 of 2022 in RLTOP.No.2 of 2020, by the District Munsif Cum Rent Controller, Ambattur.

In both CRPs.

For Petitioner(s):

MR. K.Jothisivam For Respondent(s):

MR.M.V.SESHACHARI FOR MS.C. Harini COMMON ORDER Civil Revision Petition No.2787 of 2026 is filed challenging the order dated 20-11-2024 made in EP No.63 of 2021 in RLTOP No.2 of 2020 passed by the Rent Controller Cum District Munsif, Ambattur. Civil Revision Petition No.3226 of 2026 is filed challenging the order dated 02.12.2025 made in R.L.T.A. No.1 of 2025 passed by the learned III Additional District and Sessions Judge Cum Rent Tribunal, Tiruvallur, Poonamallee, confirming the order dated 19.04.2023 in M.P.No.133 of 2022 in RLTOP.No.2 of 2020, by the District Munsif Cum Rent Controller, Ambattur.

2. Heard both sides.

3. The learned counsel appearing for the revision petitioner in both petitions submitted that the father of the respondent, namely Murali, had borrowed a sum of Rs.25,00,000/- and another sum of Rs.10,00,000/- on two

different occasions and had executed certain documents in respect thereof. It is further contended that possession of the property was also handed over in connection with the said transactions and, therefore, the revision petitioner is entitled to recover the said amounts.

4. As on date, Murali is no more. The respondent, who is the absolute owner of the property, has initiated proceedings under the relevant provisions of the Rent Control Act seeking eviction.

5. If at all any amount is claimed by the revision petitioner in respect of the alleged loan transactions between him and the deceased Murali, the appropriate remedy is to work out his rights independently before the competent forum. Such claims cannot be adjudicated in the present RCOP proceedings.

6. Admittedly, no suit has been filed by the revision petitioner for recovery of the alleged loan amount. Therefore, the alleged monetary transactions have no bearing on the eviction proceedings.

7. Further, the documents relied upon by the revision petitioner are only photocopies and not original documents. No competent witness has also been examined to prove the said transactions. Hence, this Court is not inclined to consider the alleged loan transactions.

8. Upon consideration of the submissions made and the materials available on record, this Court does not find any merit in the revision petition. The Court below has rightly ordered eviction, and the same does not warrant any interference. Accordingly, the revision petition is dismissed.

9. Considering that the revision petitioner has been in occupation of the premises for several years, three months' time is granted to vacate and hand over vacant possession to the respondent.

10. This Court also notes that the revision petitioner has been enjoying possession of the property for several years without payment of rent. Therefore, no ground is made out to interfere with the order of eviction.

11. Accordingly, the above revision petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 03-06-2026 Index: Yes/No Speaking/Non-speaking order MPA

To.

1. The Rent Controller Cum District Munsif , Ambattur.

2. III Additional District and Sessions Judge Cum Rent Tribunal, Tiruvallur, Poonamallee,

3. The Section Officer, VR section, High Court of Madras.

T.V.THAMILSELVI, J.

MPA CRP Nos. 2787 & 3226 of 2026 and CMP.Nos.11501 & 14078 of 2026 03-06-2026