Sunilal (Deceased) 1. Santhi Devi v. G.Balakrishnan (Deceased) 1. Radha Bai
2025:MHC:2939
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-12-2025
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI and CMP No. 30088 of 2025 Sunilal (Deceased) 1.Santhi Devi 2.Mahendra Parmer 3.Amit Parmer 4.Hansraj Parmer 5.Mamta Parmer Petitioner(s) Vs G.Balakrishnan (Deceased) 1.Radha Bai 2.B.Anand 3.Sundar 4.S.Vijayalakshmi Respondent(s) PRAYER Civil Revision Petition has been filed under Section 25 of the Tamil Nadu Buildings (Lease and Rent) Control Act, 1960, to call for the records in RCA No.8 of 2017 on the file of Subordinate Judge, Tambaram dated 01.11.2025 and confirming the order in RCOP No.24 of 2013 on the file of District Munsif Judge, Tambaram dated 22.02.2017 and set aside the order and decretal order passed in RCA No.8 of 2017 confirming the order in RCOP No.24 of 2013 and allow the civil revision petition.
For Petitioner(s):
Mr.V.Chanakya For Respondent(s):
No Appearance
ORDER
The petitioners are tenants, who have been directed to vacate and hand over the vacant possession in pursuance of orders dated 22.02.2017 in R.C.O.P.No.24 of 2013 on the file of District Munsif Court, Tambaram, which came to be confirmed by the Appellate Authority in R.C.A.No.8 of 2017 dated 01.11.2025 on the file of Subordinate Court, Tambaram.
2. The respondent landlord sought for eviction under the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960 for demolition and reconstruction. On going through the order of the Rent Controller and the order of the Appellate Authority, I did not find any perversity, warranting interference in revision, especially under Section 25 of the Act. This Court is not entitled to take different view, even if it is permissible as long as the concurrent findings of the Court below are based on materials placed on record by the landlord as well as the tenant.
3. At this juncture, Mr.Chankya, learned counsel for the petitioner sought for a year's time to enable the petitioners to vacate and hand over the vacant possession.
4. An affidavit dated 08.12.2025 has been filed by Mr.Mahendra
Parmer/2nd revision petitioner on behalf of the petitioners. The petitioners undertaken that the petitioners will hand over vacant possession of the rented premises, namely No.33, Ananda Complex, Muthuranga Mudali Salai, West Tambaram, Chennai 600 045, within one year from today.
5. The affidavit filed by the 2nd petitioner is recorded. The petitioners shall continue to pay the monthly rents without any default and shall not induct any third parties into the possession in the rented premises, till such time they vacate and hand over possession, within the period of one year.
6. In fine, the Civil Revision Petition is dismissed. However, the petitioners shall be entitled to continue to enjoy the rented premises by discharging the duty in paying the rent properly and without any default and shall vacate and hand over vacant possession on or before 07.12.2026. Consequently, the connected Miscellaneous Petition is closed. No costs. 08-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni
P.B.BALAJI J.
Jeni 08-12-2025