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Madras High CourtCRP/2442/2025disposed of

Trishla v. K.R. Parthiban

2025-07-30Honourable Mr Justice N. Sathish Kumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRP No. 2442 of 2025 & CMP.No.14002 of 2025

1. TRISHLA Rep by its Partner, Vinod Kumar S.Savla, Carrying on Business at New No.231, Old No.134, Ground Floor, Royapettah High Road, Mylapore, Chennai-600 004

2. Vinod Kumar S.Savla Carrying on Business at New No.231, Old No.134, Ground Floor, Royapettah High Road, Mylapore, Chennai-600

3. Kiran Kumar S.Savla Carrying on Business at New No.231, Old No.134, Ground Floor, Royapettah High Road, Mylapore, Chennai-600

4. Sharath Kumar S.Savla Carrying on Business at New No.231, Old No.134, Ground Floor, Royapettah High Road, Mylapore, Chennai-600 Petitioner(s)

Vs

1. K.R. Parthiban S/o. K.Ramanathan, Carrying on Business at New No.225, Old No.131, Royapettah High Road, Mylapore, Chennai-600 004 Respondent(s) PRAYER : Petition filed under Article 227 of Constitution of India to allow the above CRP by setting aside the Judgment and Decree dated 27-01-2025 passed in RLTA.No.80/2024 on the file of the II Additional city Civil court, Chennai confirming the order dated 26-03-2024 passed by the Learned XI Small Causes Court, Chennai in RLTOP.No.491/2023.

For Petitioner(s):

T M Pappiah For Respondent(s):

M Balasubramanian

ORDER

Challenging the concurrent findings of the Rent Court and the Rent Tribunal, Ordering eviction of the petitioner, the present Civil Revision Petition has been filed.

2. On 01.02.1979, the petitioner/tenant entered into an agreement with the respondent/landlord and the monthly rent payable is Rs.2000/-. The said agreement expired long back. The present monthly rent is Rs.37,703/- The

respondent caused notice to the petitioner on 10.05.2023 to enter into a new tenancy agreement as per Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017. As the petitioner has not come forward to enter into an agreement and as there is no subsisting agreement for tenancy, the landlord filed a petition for eviction. The Rent Court, by its order dated 26.03.2024 allowed the petition filed by the respondent/landlord for eviction. As against which an appeal has been filed and the Rent Tribunal dismissed the appeal and confirmed the findings of the Rent Court. Challenging the concurrent finding of the Courts below, the present Civil Revision Petition has been filed.

5. The revision petition is listed today for hearing on the question of admission.

6. Heard Mr.T.M.Pappiah for the revision petitioner/tenant and Mr.M.Balasubramanian, for the respondent/landlord and also perused the available records carefully.

8. When this Court was about to dismiss the revision petitions at the admission stage itself, finding no merits in light of the settled position of law,

the learned counsel for the revision petitioner filed an affidavit sworn by the revision petitioner/tenant, seeking time till 31.12.2026 to vacate and hand over vacant possession of the subject premises. According to the revision petitioner, he had invested a substantial amount in the business being carried on at the premises and, therefore, requires time till 31.12.2026 to vacate and deliver possession.

9. Though the petitioner sought time till 31.12.2026 to vacate the premies, this Court is of the view that taking note of the long pendency of the dispute between the parties, time till 31.12.20206 cannot be granted to the petitioner. Hence, time is granted to the petitioner till 31.01.2026 to vacate the premises and the affidavit filed in this regard is recorded and time is granted to the revision petitioner till 31.01.2026 to vacate and hand over vacant possession of the subject premises to the respondent/landlord.

12. It is made clear that, in the event the revision petitioner/tenant violates the undertaking given before this court, he shall be liable to be

proceeded against for contempt of Court for breach of the said undertaking. In addition, a suitable direction shall be issued to the Commissioner of Police, Chennai, to ensure that the revision petitioner/tenant, or any other person in occupation of the subject premises, is evicted forthwith and vacant possession is handed over to the respondent/landlord. Until the subject premises is vacated and vacant possession is handed over by the revision petitioner/tenant to the respondent/landlord, the revision petitioner/tenant shall continue to pay the agreed rent without any default.

16. In the light of the above directions, this Civil Revision Petition is dismissed. Taking note of long dispute pending between the parties, the revision petitioner/tenant shall hand over vacant possession of the subject premises to the respondent/landlord on or before 31.01.2026. The affidavit of undertaking filed by the revision petitioner/tenant dated 30.07.2025 shall form part of the record. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

30-07-2025

Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To,

1. The II Additional Judge, City Civil Court, Chennai.

2. The XI Judge, Court of Small Causes, Chennai.

N.SATHISH KUMAR J.

30-07-2025