Shahul Churidhar Materials v. S.K. Balasingam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09..07..2025
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR and C.M.P.Nos.14118 & 14120 of 2025 M/s.Shahul Churidhar Materials, Rep. by Proprietrix, M.Noornisa W/o.Late M.Sikkandar, New No.57, Old No.26, Purasawalkam High Road, Chennai 600007.
..... Petitioner -VersusS.K.Balasingam ..... Respondent Petition filed under Section 115 of the Code of Civil Procedure, 1908, praying to set aside the order and decretal order dated 13.06.2025 passed in I.A.No.5 of 2025 in R.L.T.A.No.81 of 2025 on the file of the learned VI Additional Judge, City Civil Court, Chennai.
For Petitioner : Mr.N.Manokaran For Respondent : Mr.R.Karthikeyan
ORDER
This Civil Revision Petition has been filed challenging the order dated 13.06.2025 passed in I.A.No.5 of 2025 in R.L.T.A.No.81 of 2025 by the Rent Tribunal (VI Additional Judge, City Civil Court) Chennai, dismissing the application filed under Section 38(4) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (hereinafter referred to as "TNRRRLT Act, 2017") read with Section 151 CPC, seeking interim stay of the eviction decree dated 19.11.2024 passed in R.L.T.O.P.No.404 of 2020 by the Rent Court (XV Judge, Court of Small Causes), Chennai, pending disposal of the appeal.
2. The revision petitioner herein is the tenant and the respondent herein is the landlord.
3. The eviction petition in R.L.T.O.P.No.404 of 2020 was filed under Section 21(2)(a) and (b) read with Section 10 of the TNRRRLT Act, 2017, and was allowed by the Rent Court, ordering eviction of the revision petitioner/tenant. Aggrieved by the said order, the tenant preferred an appeal in R.L.T.A.No.81 of 2025 before the Rent Tribunal.
4. This court heard both sides.
5. The main contention raised by the revision petitioner/tenant is that
there is no jural relationship of landlord and tenant between the respondent and himself. An application filed for interim stay of the eviction decree was dismissed by the Rent Tribunal, leading to the present revision.
6. Meanwhile, it is submitted that the respondent/landlord has initiated execution proceedings pursuant to the eviction decree, and the same is being proceeded with before the executing court.
7. However, during the hearing of this revision petition, both parties submitted that the appeal in R.L.T.A.No.81 of 2025 is posted for final hearing on 14.07.2025 before the Rent Tribunal. In light of this, they jointly requested that a direction be issued to the Rent Tribunal to dispose of the appeal within a fixed time frame, and that till such time, the execution proceedings be stayed.
8. In view of the submissions made, the Rent Tribunal (VI Additional Judge, City Civil Court, Chennai) is directed to dispose of R.L.T.A.No.81 of 2025 on merits and in accordance with law, within a period of one month from the date of receipt of a copy of this order. Till such time, no further proceedings shall be undertaken in E.P.No.321 of 2025 on the file of the executing court.
9. It is further made clear that any observations made in the order passed in I.A.No.5 of 2025 while dismissing the stay application shall not influence the final adjudication of R.L.T.A.No.81 of 2025. The Rent Tribunal shall
independently consider the appeal on its own merits and in accordance with law.
With the above directions and observations, this Civil Revision Petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.
Index : yes / no 09..07..2025 : yes / no kmk Note: Issue order copy on 10.07.2025.
To 1.The VI Additional Judge, Rent Tribunal (City Civil Court), Chennai. 2.The XV Judge, Rent Court (Court of Small Causes), Chennai. 3.The XIV Judge, Executing Court (Court of Small Causes), Chennai.
N.SATHISH KUMAR.J., kmk 09..07..2025