Madras High CourtCRP/5426/2025disposed of

S.Vijayakumar v. S.Dhanalakshmi

2025-11-24Honourable Mr.Justice P.B. Balaji7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-11-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI CRP NO. 5426 of 2025 and CMP no.27301 of 2025 S.Vijayakumar Petitioner Vs

1. S.Dhanalakshmi 2.E.Vinodkumar Respondents Revision filed under Section 115 of Civil Procedure Code to set aside the EP (RCOP) No.03 of 2017 dated 19.09.2025 passed by Rent Controller/Principal District Munsif, Puducherry.

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For Petitioner :

Mr.J.E.R.Lenin For Respondents :

Mr.E.V.Chandru For Mr.A.Tamilvanan For R.1

ORDER

After hearing the learned counsel for the parties, I expressed my view that there is no merit in the revision petition and the execution proceedings will have to go on in accordance with law. At this juncture, learned counsel for the revision petitioner/tenant, requested time to be given to the tenant to vacate and hand over vacant possession. 2/7

2. Learned counsel for the first respondent/land lady would submit that the petitioner is in huge arrears of Rs.41,00,000/-(Rupees Forty One Lakhs Only).

3. However, the said statement is not admitted by the learned counsel for the revision petitioner/tenant and he admits that the arrears is only Rs.13,00,000/- (Rupees Thirteen Lakhs Only) and even for the said amount, he states the father of the revision petitioner has already negotiated with the husband of the first respondent/land lady for waiving the arrears, which however is not admitted by the learned counsel for the respondents. 3/7

4. Considering that there is no consensus with regard to arrears, insofar as the arrears is concerned, liberty is given to the respondents to recover the same in the manner known to law.

5. However, insofaras handing over the vacant possession, the affidavit of undertaking dated 19.11.2025 is recorded. The revision petitioner/tenant shall vacate and hand over vacant possession by 31.01.2026 without driving the respondents to execute the decree in the pending execution petition.

6. The affidavit of undertaking shall form part of the order. In view of the above, the revision petition is disposed of.

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7. Post the matter "For Reporting Compliance" on 02.02.2026. 24-11-2025 Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order sr To The Rent Controller/Principal District Munsif, Puducherry 5/7

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P.B.BALAJI.,J sr CRP NO. 5426 of 2025 24.11.2025 7/7