Selva Mobiles v. R.Vasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

1. Selva Mobiles Rep by Thangaraj, Old no.181/2, New No.2, North Usman Road, T,Nagar, Chennai 600 017 Petitioner(s) Vs

1. R.Vasan Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order of dismissal dated 07.04.2026 passed in MP No.4 of 2026 in RLTOP No.645 of 2025 by the XIV Small Causes Court at Chennai and thus render justice.

For Petitioner(s):

Mr.V.Nallasenapathy For Respondent(s):

Notice dispensed with

ORDER

This Civil Revision Petition has been filed, challenging the impugned order dated 07.04.2026 passed by the XIV Small Causes Court, Chennai, in M.P. No. 4 of 2026 in R.L.T.O.P. No. 645 of 2025.

2. Under the aforesaid order, the application filed by the petitioner under Section 24(1) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017, seeking refund of the advance amount paid by the petitioner to the respondent, has been dismissed on the following grounds: a) That there is no merit in the petition filed by the petitioner; b) The agreement entered into between the petitioner and the respondent is not a registered agreement; and c) There is a variation in the claim of advance amount/security deposit as claimed by the petitioner and the respondent.

3. It is now brought to the notice of this Court by the learned counsel for the petitioner that, aggrieved by the eviction order passed by the XIV Small Causes Court, Chennai, an appeal has been filed in R.L.T.A. No. 96 of 2026 on the file of the XVIII Additional City Civil Court, Chennai. When the eviction order has been challenged by the petitioner, the question of granting refund of the advance amount to the petitioner does not arise.

4. Section 24 of the Act, 2017, makes it clear that the landlord will have to refund the advance amount to the tenant before recovery of possession of the property. Admittedly, the petitioner claims to be in possession of the property

even now. Therefore, the Court below, under the impugned order, has rightly rejected the petitioner's application seeking for refund of the advance amount from the respondent.

5. This Court does not find any merit in this Civil Revision Petition. Accordingly, this Civil Revision Petition is dismissed. No costs. 01-07-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To The XIV Small Causes Court, Chennai.

ABDUL QUDDHOSE J.

ab 01-07-2026