S.Devarajan v. G.Sureshbabu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.32751 of 2025 S.Devarajan S/o.Settu, No.76/2, South Avenue Road, Phase I, Opp thanjammal Duraisamy Kalyana Mandapam Sathuvachery, Vellore 632 009 ..Petitioner(s) Vs G.Sureshbabu S/o.G.Gajendran, No.4/37, Next To indian Bank, Phase I.

Sathuvachery, Vellore 636 009 ..Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the order dated 13-11-2025 in RCA.No.3 of 2025 on the file of the Principal Subordinate Judge, Vellore and confirming the order and decreetal order dated 09-02-2024 in RCOP.No.9 of 2019, on the file of the Honble Principal District Munsif, Vellore.

For Petitioner(s):

MR.P.Pandiyaraj For Respondent(s):

MS.R.Sripriya

ORDER

Challenging the concurrent findings of the Courts below, the tenant has preferred the present revision.

2. The learned counsel for the petitioner submitted that the petitioner had not committed any wilful default in payment of rent and that he had been regularly paying the rent. However, according to the learned counsel, the Courts below failed to take note of the same. The eviction petition was filed on the ground of wilful default. It is seen from the records that rent arrears amounting to Rs.1,69,000/- had accumulated for the period from December 2019 to 2021. It is also noted that a sum of Rs.57,500/- had been paid towards part of the arrears.

3. The learned counsel further submitted that there were no arrears of rent, as an advance amount of Rs.50,000/- was available for adjustment. According to him, out of the total arrears of Rs.70,700/-, the advance amount ought to have been adjusted, and therefore, no arrears would remain. He further contended that payment of rent in lump sum would not amount to wilful default.

4. However, the records reveal that even after adjusting the advance amount of Rs.50,000/-, there remained arrears of rent amounting to Rs.20,700/-.

The overall facts and circumstances indicate that the petitioner had committed wilful default in payment of rent, resulting in the accumulation of arrears. Therefore, the concurrent findings of the Courts below do not warrant any interference by this Court.

5. However, considering the request made by the petitioner, four months' time is granted to vacate and hand over vacant possession of the premises.

6. In view of the above observations, this Civil Revision Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

15-06-2026 Index: Yes/No Speaking/Non-speaking order MPA

1. The Principal Subordinate Judge, Vellore

2. The Principal District Munsif, Vellore.

3. The Section Officer, VR Section, High Court, Madras.

T.V.THAMILSELVI, J.

MPA and CMP.No.32751 of 2025 15-06-2026