P.S.Suseela v. D. Kamala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-04-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and CMP No.28763 of 2025

1. P.S.Suseela M.K.S. Senthilkumar, D.No.7, Indra Prasatha, K.N.Palayam, Vadavalli, Coimbatore 641 041.

Petitioner(s) Vs

1. D. Kamala W/o. P.K. Panivu, West of D.No.161, Pannai Garden, 50 Feet Road, Unnamalaichetty Chavadi, Gondur Post, Cuddalore 607 002.

2.the Principal, Orange Kids Pre School Day Care Centre No.1A, Appavou Street, Pudupalayam, Cuddalore.

3.Arokiyasamy Samuel Gnana Diagou S/o. Jaganou Diagou, No.43, Ranga Pillai Street, Puducherry 605 001.

4.Diagou Mudaliar Trust Rep. by its Superintendent, Arokiayasamy Samuel Gnana Diagou, No.43, Ranga Pillai Street, Puducherry 605 001.

Respondent(s) 1/6

Civil Revision Petition filed under Article 227 of Constitution of India against the order passed dated 14.10.2025 in I.A.No.263/2025 in O.S.No.164 of 2023 on the file of Additional District Munsif Court, Cuddalore.

For Petitioner(s):

Mr.C.Prabakaran For M/s.Easter Legal For Respondent(s):

M/s.A.Mazar For R.3 and R.4 R-1 - No appearance Paper Publication Ordered To R2 Dt:

18.03.2026 Proof Of Paper Publication Filed Reg R2

ORDER

Challenging the order passed in I.A.No.263 of 2025 in O.S.No.164 of 2023, the 1st plaintiff filed the above revision.

2. Before the trial Court, the defendants filed an application in I.A.No.263 of 2025 Under Order XII Rule 8 read with 151 of Civil Procedure Code seeking a direction to the plaintiffs to produce certain documents viz., Bye-laws of Diagou Mudaliar Trust, 2/6

Certificate of Registration relating to Diagou Mudaliar Trust and Resolution passed by Board of Trustees for alienating the suit property. The same was allowed by the trial Court. Aggrieved by the same, the 1st plaintiff filed the above revision.

3. Learned counsel for the revision petitioner/1st plaintiff submits that the respondents/defendants were inducted as tenants based on the tenancy agreement dated 28.04.2014. Thereafter, they committed default in payment of rents. The revision petitioner initiated eviction proceedings. Pending eviction proceedings, the respondents/defendants filed an application in I.A.No. 263 of 2025 seeking the plaintiffs to produce certain documents viz., Bye-laws of Diagou Mudaliar Trust, Certificate of Registration relating to Diagou Mudaliar Trust and Resolution passed by Board of Trustees for alienating the suit property, which are not necessary for deciding the issue since the plaintiffs and the respondents are already having jural relationship as landlords and tenants and the trial Court without considering all these facts, has erroneously allowed the revision. Aggrieved by the same, the 1st plaintiff has filed the present revision.

4. Learned counsel for the respondents/defendants that there is a dispute with 3/6

regard to the Trust Issues and therefore, the respondents/defendants want those documents and the trial court rightly allowed the application, which requires no interference and therefore prays for dismissal of the revision.

5. I have considered the submissions of the learned counsel on either side and perused the materials available on record.

6. The fact remains that the respondents/defendants were inducted as tenants much earlier in the year 2014. Thereafter, dispute arose between the plaintiffs and defendants and eviction proceedings have been initiated against the respondents/defendants and termination notice was issued on 25.04.2019 and last payment of rent was made on 23.09.2019 and there is arrears of rent to the tune of Rs.2,50,000/-(Rupees Two Lakhs Fifty thousand only) at the time of filing of the suit in O.S.No.164 of 2023. As on date, the respondents/defendants have committed wilful default in payment of rent and there is no proof that the respondents/defendants have deposited or paid the rent. But, the respondents/defendants sought for production of certain documents viz., Bye-laws of Diagou Mudaliar Trust, Certificate of Registration relating to Diagou Medaliar Trust and Resolution passed by Board of Trustees. From the 4/6

year 2014, the respondents/defendants enjoyed the property for a monthly rent of Rs.6,300/-.

7. The jural relation between the parties is admitted one and except that no other documents or particulars are required for the proceedings. The Trust certificate and other documents are irrelevant. The trial court has erroneously allowed the application which warrants interference.

8. Accordingly I.A.No.263 of 2025 is dismissed and the civil revision petition is allowed. The trial court is directed to dispose of O.S.No.164 of 2023 on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. 27.04.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order 5/6

T.V.THAMILSELVI.,J sr To The Additional District Munsif Court, Cuddalore 27.04.2026 6/6